An Overview of the Probate Process in California
Probate is the court-supervised process of administering a deceased person's estate. It can feel overwhelming while grieving a loss, so understanding the basic steps in advance can help.
When Is Probate Required?
Probate is generally required when a person dies owning assets solely in their name that exceed a certain value threshold and were not otherwise structured to avoid probate (such as through a living trust or joint ownership).
Steps in the Probate Process
- Filing a petition with the probate court and appointing an executor or administrator
- Notifying heirs, beneficiaries, and creditors
- Inventorying and appraising estate assets
- Paying valid debts, taxes, and expenses of the estate
- Distributing remaining assets to beneficiaries under the will or state law
How Long Does Probate Take?
In California, probate commonly takes anywhere from several months to over a year, depending on the size and complexity of the estate, whether the will is contested, and the court's schedule.
Avoiding or Simplifying Probate
Estate planning tools such as living trusts, beneficiary designations, and joint ownership can help some assets pass outside of probate, potentially saving time and cost for beneficiaries.