Losing someone you love is painful. When legal and financial matters land on your plate at the same time, the weight can feel heavier. Probate in California is the court process for managing a person’s property after death. Our goal here is to give a clear and practical view of how probate works, when it’s needed, and what families should expect. Price Law Firm, APC stands as a steady resource for California families during this period.
Understanding the Basics of Probate
Probate is the court process that
- Confirms a person’s will, or determines heirs if no will exists
- Appoints a personal representative to handle the estate
- Identifies, values, and reports the assets to the court
- Pays taxes, funeral costs, and valid debts
- Distributes what remains to the rightful beneficiaries
When Probate Is Required
In California, probate usually applies when someone owned real estate or other property solely in their name and the total value is $208,850 as of April 1, 2025.
When Probate Is Not Required
Probate can often be avoided if
- Assets are in a living trust
- Property is jointly owned with a right of survivorship
- Accounts have named beneficiaries such as retirement plans or life insurance
The Key Steps of the Probate Process
While each estate has its own details, most California cases move through these steps
1. Filing the Petition
A family member or another interested person files paperwork with the probate court in the county where the deceased lived. This opens the case and asks the judge to appoint someone to handle the estate.
2. Inventory of Assets
Once appointed, the personal representative locates and lists all of the deceased person’s property and has it valued through court-approved appraisals. This step makes sure everyone knows what the estate owns.
3. Paying Debts and Taxes
Before anything can be distributed, the representative uses estate funds to pay funeral costs, outstanding bills, valid creditor claims, and any taxes owed.
4. Distributing Assets to Beneficiaries
After debts and taxes are settled, the remaining property is distributed to the heirs or beneficiaries according to the will or, if no will exists, under California’s intestacy laws.
What Families Should Expect
Probate Timeline
Most California probates take 9 to 18 months. Delays can happen if paperwork is incomplete or assets are complex.
Key Considerations
- Keep records organized to avoid setbacks
- All filings and hearings are public records
- Legal help can reduce mistakes and shorten the process
Distributing an Estate Without a Will
If someone dies without a valid will, California’s intestacy laws decide who inherits. Spouses or domestic partners and children come first, then parents, siblings, and other relatives if no closer heirs exist.
Let Us Help Your Family with the Next Steps
If your family is facing probate or has questions about estate planning, Price Law Firm, APC can provide clear and compassionate guidance. Call us at (951) 397-0864 or reach out online through our Contact Us page to schedule a consultation. We are committed to helping California families handle probate with clarity and care during a time when support matters most.
