The following is a general guide of how the probate process works in California. Specific circumstances may change some requirements. You should consult with an experienced California attorney who can provide specific legal advice after discussing your specific circumstances and needs.

Note: Do not use this list if the Estate is not in California.

 

Determine whether or not the deceased has an estate with a value of in excess of $100,000.00; if not, there is no legal requirement for a probate. For more information visit our Small Estates page.

Determine the nature of the decedent's assets:  accounts which are held jointly, retirement accounts and life insurance are not generally subject to probate

Determine whether the decedent had a will.  If so, the will may name an executor - the person who needs to initiate the probate.  If the executor is unwilling to act, there may be an alternate executor named in the will, and if none is named or if there is no will, there are persons who have priority to act listed in the Probate Code (spouse, children, etc).

The named executor, or person who will be acting on behalf of the estate if there is no will (personal representative), files a Petition and other forms with the Superior Court in the California county in which the decedent resided.  A hearing will be set for the court appointment of the personal representative after publication in a newspaper of general circulation of the court date for the hearing, and proper notice is given to heirs and persons named in the will, if any.

The personal representative, once appointed, then collects the assets of the decedent which are subject to probate, pays debts, and handles tax issues which may need to be addressed.  There is a statutory four-month period for the filing of creditor's claims against the estate, if filed, these need to be handled by the personal representative.

Use of a CPA: If a decedent’s estate is required to file income tax returns, hiring a Certified Public Accountant (CPA) to prepare the estates accounting and complete the necessary forms can help to ensure timely and accurate filing.

Once the assets have been collected, and debts paid, and the statutory period for the filing of creditor's claims has lapsed, the estate may be closed.   Paperwork is filed to accomplish the proper distribution of the estate, and a court hearing is held to formally close the estate.