Grief can hit like a wave, and then the paperwork follows. If you are sorting out a loved one’s property, it helps to have a simple road map. That is what this guide gives you, plain, practical steps so you can move forward with confidence.
At Price Law Firm in Redlands, we help families handle inheritance matters every week. Our team focuses on clear steps and steady communication. Use this article as your go-to outline for the California probate process.
What is Probate?
Probate is the court process that transfers a person’s property after death under California law, found in the California Probate Code. The probate division of the superior court oversees the case and keeps everything in order. A will helps, but a will alone does not skip probate.
The court appoints a personal representative to handle the estate. If there is a will, the person named as executor is usually appointed. If there is no will, the court appoints an administrator to do the same job.
That person collects assets, pays valid debts and taxes, then distributes what is left to heirs or beneficiaries. The court checks in at key points to keep the file on track.
Probate Termes You Need To Know
A few short definitions make the rest of the process easier to follow.
- Decedent, the person who has died.
- Estate, the property that the person owned at the time of death.
- Intestate Succession, as outlined in California Probate Code sections 6400 to 6414, determines who inherits when there is no will.
- Personal Representative, the executor named in a will or the administrator appointed by the court.
- Verify, to sign or affirm a court paper as true under penalty of perjury. Courts often use a verification statement similar to Form MC-030.
With those terms in mind, you can read each step with less stress. Next, let’s see when probate is actually required.
Is Probate Required?
Not every estate needs a full probate case. It depends on what the person owned, how assets were titled, and their total value. Assets with named beneficiaries or joint ownership often transfer without the need for a court.
Factors that shape the path include:
- California offers small estate shortcuts for estates at or under $184,500 under Probate Code section 13100.
- How assets are titled, such as joint tenancy, community property with right of survivorship, transfer on death, or held in a trust.
- Whether a valid will or a trust exists, and whether the personal representative needs court authority to act.
There are simplified options, such as a small estate affidavit and a Spousal or Domestic Partner Property Petition, for certain assets passing to a spouse or partner. If those do not fit, you likely need formal probate.
Step-by-Step Guide to the California Probate Process
Here is the big picture. Most cases involve opening the case, appointing the personal representative, conducting an inventory and appraisal, handling creditor claims, addressing taxes, and final distribution. Keep good records from day one.
Step 1: Filing the Petition
File a Petition for Probate, Form DE-111, in the superior court for the county where the decedent lived. Include the original will if you have it, since the court needs to see that original. If there is no will, priority to serve as administrator usually follows this order: spouse or domestic partner, adult child, grandchild, parent, then sibling, consistent with the Probate Code.
Step 2: Notice of Hearing
Once you receive a hearing date, arrange for the publication of the Notice of Hearing in a local newspaper. Also, mail notice to heirs, beneficiaries, and anyone entitled to notice under the Probate Code; someone other than you must do the mailing and later complete the proof of mailing.
Step 3: The Initial Hearing
A judge reviews your petition, notices, and publication. If everything appears to be in order, the judge appoints the personal representative. If the named executor cannot serve or there is no will, the court uses the statutory priority list to choose an administrator.
Step 4: Probate Bond (If Required)
A bond protects the estate from loss due to mishandling. Courts often require a bond when the representative lives out of state, or when the will does not waive it. Beneficiaries can request a waiver, but the judge decides whether a waiver is warranted.
Step 5: Proving the Will
The court confirms the will meets California rules. A typed will usually needs two witnesses who are not beneficiaries. Holographic, handwritten wills can be valid if the material parts and signature are in the decedent’s handwriting and are supported by a witness or other evidence.
Step 6: Inventorying Assets
Gather and secure all probate assets, such as real estate, bank and brokerage accounts, vehicles, business interests, and personal property. To change the title, you typically show a certified death certificate and your Letters Testamentary or Letters of Administration. Keep originals and certified copies in a safe spot.
File Form DE-160, Inventory and Appraisal. The representative can list cash items, while non-cash items go to a probate referee for valuation.
Step 7: Asset Appraisal by Probate Referee
The probate referee values non-cash assets at fair market value as of the date of death. They send a written report that becomes part of the court file. Fees are set by law and are paid from estate funds.
Step 8: Paying Creditors
Send Form DE-157, Notice of Administration to Creditors, to known creditors. Creditors must file claims within the timeline specified in the Probate Code, typically four months from the issuance of Letters or 60 days after notice is sent, whichever is later. Pay valid claims in the correct order set by the Probate Code, then document each payment.
Step 9: Preparing for Final Distribution
Before any final payouts, the court requires confirmation that all bills, taxes, and fees have been settled. You file an accounting and a petition for final distribution, showing the assets collected, debts paid, proposed distributions, and any necessary holdbacks. Clear reporting here speeds up approval.
Step 10: Selling Real Property (If Necessary)
If the estate needs to sell real estate, the steps depend on your authority under the Independent Administration of Estates Act, often called IAEA. With full authority, sales can proceed with fewer hearings if no objections are received, subject to the notice rules.
With limited authority, you likely need court confirmation using Form DE-260, and an overbid process can occur in court. Discuss timelines and disclosures with your realtor that are suitable for probate sales.
Step 11: Paying Taxes
File the decedent’s final income tax return. If the estate earns income, file any required fiduciary income tax returns as well. Use estate funds to pay taxes and keep proof of filings in your working file.
Step 12: Closing the Estate
File your final accounting and a discharge petition, then set the hearing. If the judge approves, the court signs the order, you complete distributions, collect receipts, and the court discharges you. That order closes the estate, and your job is done.
Estimated Probate Timeline
Most California probate cases take around 9 to 18 months. Court backlog, real estate sales, disputes, or tax issues can stretch the schedule. Steady paperwork and timely notices help keep things moving.
| Stage | What Happens | Estimated Time |
| File Petition | Submit Form DE-111 and related papers, lodge the original will | 2 to 4 weeks |
| Notice & Publication | Mail notice to heirs and beneficiaries, publish notice in a local paper | 3 to 8 weeks |
| Initial Hearing | Appointment of personal representative, bond set if required | 2 to 4 weeks |
| Inventory & Appraisal | Collect assets, file DE-160, probate referee values non-cash items | 1 to 4 months |
| Creditor Period | Send DE-157, receive and process claims, pay valid debts | 4 months from Letters, claims handled as they arrive |
| Taxes | File final returns for decedent and estate as needed | 1 to 2 months, often overlaps |
| Sell Real Property | List, accept offer, court confirmation, and overbid if limited authority | 2 to 4 months, varies |
| Final Accounting | File accounting and petition for distribution, set a hearing | 1 to 2 months |
| Distribution & Discharge | Judge approves, distribute assets, file receipts, and get discharged | 2 to 3 weeks after approval |
Every case has moving parts. Keep a simple checklist, save receipts, and write quick notes about each decision. That habit helps answer questions later and keeps your hearing clear.
Safeguard Your Family’s Future: Contact Price Law Firm Today
Families in Redlands trust Price Law Firm with probate and inheritance law because we focus on clear steps, steady updates, and real progress. We put care into the details that protect your loved one’s wishes and your peace of mind. If something gets tricky, we stay with you until it is finished.
If you need help with probate or want to create a plan that avoids potential problems later, please don’t hesitate to reach out. Call 951-633-7662 or visit our website to start a conversation. We welcome your questions and will work diligently to achieve a result that aligns with your goals.
