How Does Probate Work in California?
California probate is the court-supervised process of transferring a deceased person's assets. Here is how it works, what it costs, and how long it takes.
Probate in California is the court-supervised process used to validate a will, pay debts, and distribute a deceased person's assets to heirs. The process is governed by the California Probate Code and most cases run through the Superior Court of the county where the decedent lived. Understanding the timeline, costs, and required filings up front prevents costly delays.
Key terms
- Decedent
- The person who has passed away.
- Executor
- The person named in the will to administer the estate.
- Administrator
- Court-appointed estate representative when there is no will.
- Letters Testamentary
- Court document giving the executor authority to act.
- Notice of Petition to Administer Estate
- Required public notice published in a local newspaper.
Step-by-step
- 1
Locate the will and death certificate
Obtain a certified copy of the death certificate and the original signed will, if one exists.
- 2
File the Petition for Probate (DE-111)
Filed in the Superior Court of the county where the decedent lived. Filing fee is currently $435.
- 3
Publish Notice of Petition to Administer Estate
Publish in a newspaper of general circulation at least 15 days before the hearing.
- 4
Attend the probate hearing
Court reviews the petition and issues Letters Testamentary or Letters of Administration.
- 5
Inventory and appraise assets
File Inventory & Appraisal (DE-160) with the Probate Referee within 4 months.
- 6
Notify and pay creditors
Creditors have 4 months from issuance of Letters to file claims.
- 7
File the final accounting and petition for distribution
After debts and taxes are paid, distribute assets and close the estate.
Checklist
- Certified death certificate (order multiple copies)
- Original signed will
- List of all real property, bank accounts, vehicles, investments
- Most recent statements for every account
- Beneficiary designations on retirement and life insurance
- Outstanding debts, mortgages, and tax returns
- Names and current addresses of all heirs and devisees
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