TL;DR
The probate court process in California involves filing the will, notifying heirs and creditors, inventorying assets, paying debts and taxes, and distributing the estate. It’s a detailed process that can take 9–18 months or longer, but keeping good records and working with a probate attorney can help you get through it more smoothly.
Probate Court Can Feel Overwhelming, But It Doesn’t Have to Be
Losing a loved one is hard enough. Being thrown into California’s probate court process right after can feel overwhelming, especially if you’ve never had to deal with legal paperwork, deadlines, or court hearings before.
The good news is that you don’t have to navigate it blindly. Whether you’re the executor of a will or a family member trying to understand what comes next, this guide breaks down the process into clear, manageable steps.
Step 1: File the Will and Petition for Probate
The process begins by filing a petition for probate with the California Superior Court in the county where the deceased person lived. You’ll also submit the original will (if one exists).
- If there’s a will, the court will validate it.
- If there’s no will, the estate is considered intestate, and state law decides who inherits.
You’ll also request the appointment of a personal representative (executor or administrator) who will manage the estate during probate.
Step 2: Notify Heirs and Creditors
Once the court accepts the petition, a hearing is scheduled. Notice of this hearing must be:
- Mailed to all heirs and beneficiaries
- Published in a local newspaper (to notify unknown creditors)
The appointed representative is then responsible for notifying known creditors of the estate. Creditors have a limited window (usually 4 months) to file claims.
This step ensures transparency and gives interested parties a chance to respond.
Step 3: Inventory and Appraise the Estate
Next, the representative must locate and list all assets owned by the deceased, including:
- Real estate
- Bank and investment accounts
- Vehicles
- Personal property (furniture, jewelry, etc.)
- Business interests
A court-appointed probate referee will be assigned to appraise the non-cash assets. This inventory and valuation step is critical for ensuring debts and distributions are calculated correctly.
Failing to properly report assets can delay probate or lead to legal issues.
Step 4: Pay Debts and Taxes
Before anything can be distributed to heirs, the estate must pay its bills. This includes:
- Valid creditor claims
- Final income taxes
- Property taxes
- Funeral costs
- Any remaining bills owed by the estate
If the estate doesn’t have enough cash to pay debts, assets may need to be sold, which is often real estate or vehicles.
It’s also the representative’s responsibility to file the final tax return for the deceased and, if necessary, for the estate itself.
Step 5: Distribute the Remaining Assets
Once all debts, taxes, and court requirements are met, the court will authorize distribution of the remaining assets.
- If there is a will, distributions follow the terms of the will.
- If there is no will, California’s intestate succession laws determine who receives what.
Finally, the court closes the estate, and the representative is discharged from their duties.
Why Accurate Records and Legal Help Matter
Probate court isn’t just paperwork. It’s a legal process where mistakes can cause serious delays or even personal liability for the executor.
To stay on track:
- Keep detailed records of every transaction
- Save all receipts and correspondence
- Respond to court notices promptly
- Use professional help if anything is unclear
Working with an experienced probate attorney can prevent errors and help you handle everything from creditor claims to asset disputes.
FAQ: Probate Court Process in California
Q: How long does probate take in California?
A: Most estates take 9 to 18 months to go through probate, though complex cases can take longer.
Q: Do all estates go through probate?
A: No. Estates with living trusts, joint ownership, or certain beneficiary designations may avoid probate entirely.
Q: What does a probate referee do?
A: The probate referee is a court-appointed appraiser who determines the value of non-cash assets.
Q: Can I handle probate without an attorney?
A: You can, but it’s not always advisable. Probate involves legal filings, deadlines, and liability. Even small mistakes can cause big issues.
Q: What if someone contests the will?
A: The case may turn into estate litigation, which can significantly extend the timeline and require court hearings or mediation.
Need Help Navigating Probate Court?
If you’re feeling overwhelmed by probate, you’re not alone. Whether you’re starting the process or stuck in the middle, we can help you move forward with confidence.
Our California probate team has helped families across the state handle probate smoothly, legally, and with less stress.
Schedule a free consultation here or call (909) 608-1220 to speak with an experienced probate attorney today.
