What is Probate?
Summary of the California Probate Process
The California probate process involves several court-supervised steps, from preparing and filing the petition through final distribution and closing the estate. The summary below shows the steps in order so you can see what to expect before you begin. A detailed explanation of each step appears in the sections that follow.
1. Confirm Whether Full Probate Is Required
Review the decedent’s assets, how title is held, and the estate’s value to determine whether formal probate is required or a simplified procedure may apply.
2. Prepare the Petition for Probate and Required Attachments
Gather the will, death certificate, and information about heirs and assets. Complete the Petition for Probate and any required county-specific forms so the court has the information needed to review the estate.
3. File the Petition and Pay the Filing Fee
Submit the Petition for Probate to the proper California Superior Court and pay the filing fee. The court assigns a case number and schedules the first probate hearing. Hearing timing varies by county and court workload.
4. Publish Notice and Mail Required Notices to Heirs and Beneficiaries
Publish the required probate notice and mail formal notice to the heirs, beneficiaries, and other persons who must receive notice. These steps provide notice that a probate case has begun and that a hearing has been scheduled.
5. Attend the First Probate Hearing and Receive Your Letters
At the first hearing, the judge reviews the petition and supporting documents. If the court approves the petition, it signs the Order for Probate and authorizes the issuance of Letters, which give the personal representative legal authority to manage the estate.
6. Complete the Inventory and Appraisal
Identify the estate assets and complete the Inventory and Appraisal process. The personal representative values certain assets, while the court-appointed Probate Referee
generally appraises other property that requires an independent valuation.
7. Manage Estate Administration and Pay Valid Debts
Use your Letters to collect assets, manage accounts, maintain property, and pay valid debts and estate expenses. Follow California’s creditor-notice and claim procedures and carefully track applicable deadlines.
8. File the Petition for Final Distribution
Prepare the Petition for Final Distribution when estate administration is substantially complete. The petition explains how the estate was administered, addresses accounting requirements, and asks the court to approve distribution of the remaining assets.
9. Distribute Assets and Close the Probate Case
After the judge approves the final petition, distribute the estate assets as ordered by the court. Complete the remaining closing requirements, including filing required receipts and requesting the personal representative’s discharge.
10. Notify the Bonding Company After the Court Issues the Discharge Order
If the estate required a bond, notify the bonding company after the court issues the final discharge. This confirms that the personal representative’s court duties have ended and allows the bonding company to close the bond file.
What Is Probate in California?
Probate is a court-supervised process for appointing a personal representative, handling estate debts and expenses, and transferring assets to heirs or beneficiaries. Not every estate needs probate. Whether probate is required depends on factors such as the value and type of assets, how property is titled, and how those assets transfer at death. This guide explains the California probate process from opening the case through final distribution and closing.
Decide Whether You Can Skip Full Probate
Before you file probate in California, review the decedent’s assets, how each asset is titled, and the value of the property that may be subject to probate. Some estates qualify for a simplified procedure instead of full probate.
• Small Estate Affidavit (personal property): For deaths on or after April 1, 2025, you may collect personal property without probate if the estate subject to the affidavit is $208,850 or less. For deaths between April 1, 2022, and March 31, 2025, the limit was $184,500.
• Primary Residence, Petition to Determine Succession: For deaths on or after April 1, 2025, a decedent’s primary residence up to $750,000 can use this simplified court process.
• Affidavit re Real Property of Small Value: Real property that does not qualify under the primary-residence procedure above may qualify for this affidavit if the total qualifying California real property is $69,625 or less for deaths on or after April 1, 2025.
Even when most assets pass outside probate, an overlooked asset can still require a probate procedure. For example, an old bank account, stock, or other property left solely in the decedent’s name may be discovered after other assets have already transferred.
If a simplified procedure does not apply and assets require formal administration, you may need to proceed with formal probate in California.