The Probate Process in California: An Overview

Probate is a legal process that takes place after someone dies, where the court oversees the distribution of the deceased person’s assets. In California, the probate process can be lengthy and complex, but it’s important to understand the steps involved if you are facing the probate of a loved one’s estate.

Step 1: Filing a Petition for Probate. The first step in the probate process is to file a petition for probate with the court. This petition asks the court to appoint a personal representative, also known as an executor or administrator, to manage the estate. The petition must be filed in the county where the deceased person lived at the time of their death.

Step 2: Notice to Heirs and Creditors. After the petition is filed, the court will issue a notice to heirs and creditors. This notice informs them that a probate case has been opened and gives them the opportunity to contest the will or make a claim against the estate.

Step 3: Inventory and Appraisal. The personal representative is responsible for creating an inventory and appraisal of the deceased person’s assets. This includes all real estate, personal property, and financial assets such as bank accounts and investments. The appraisal must be completed by a licensed appraiser who is usually a Probate Referee appointed by the court.

Step 4: Payment of Debts and Taxes. Before the estate can be distributed to the heirs, any outstanding debts and taxes must be paid. This includes the decedent’s final income tax return, as well as any estate taxes that may be due.

Step 5: Distribution of Assets. Once all debts and taxes have been paid, the personal representative can distribute the remaining assets to the heirs according to the terms of the will or California law. If there is no will, the assets will be distributed according to California’s intestacy laws.

Step 6: Final Accounting and Closing of the Estate. The personal representative is required to prepare a final accounting of the estate, which details all income and expenses incurred during the probate process. Once the court approves the final accounting, the estate can be closed and the personal representative is released from their duties.  However, in many cases the final accounting can be waived by agreement of the beneficiaries or heirs.

Probate can be a complex and time-consuming process, but with the help of an experienced attorney, you can navigate it successfully. If you are facing the probate of a loved one’s estate, contact a California probate attorney who can guide you through the process and ensure that your loved one’s wishes are carried out.