Probate in California is the court-supervised process used to settle a person’s estate after death, including validating a will, paying debts and taxes, and distributing assets to heirs. Whether probate is required, how long it takes, and how involved the court becomes all depend on the size of the estate, how assets are titled, and whether planning steps were taken in advance. Understanding how the process works can help you anticipate timelines, responsibilities, and options for avoiding probate altogether.
When Is Probate Required in California?
Probate is generally required when someone dies owning assets in their individual name that do not have a built-in transfer mechanism. In California, this applies when the total value of probate assets exceeds the state’s small-estate threshold.
Probate may be required if the person owned:
- Real estate in their sole name
- Bank or investment accounts without beneficiaries
- Personal property above the small-estate limit
Probate is not required for every estate, and many families are surprised to learn that certain assets pass automatically without court involvement.
Assets That Usually Avoid Probate
Some property transfers outside of probate by operation of law. These assets typically include:
- Accounts with named beneficiaries
- Property held in joint tenancy or community property with right of survivorship
- Payable-on-death or transfer-on-death accounts
- Assets held in a revocable living trust
If most major assets are titled this way, probate may be unnecessary or limited.
Step-by-Step: How the California Probate Process Works
When probate is required, the process follows a structured sequence overseen by the Superior Court.
Filing the Case and Appointing the Executor
The process begins when the will, if one exists, is filed in the county where the person lived. A petition is submitted asking the court to appoint an executor or personal representative (named in the will) or an administrator (if there is no will). Once approved, the court issues Letters Testamentary or Letters of Administration, which give legal authority to act on behalf of the estate.
Notice and Court Oversight
California law requires formal notice to heirs, beneficiaries, and known creditors. A notice of probate must also be published in a local newspaper. These steps are designed to promote transparency and reduce the risk of fraud.
Inventory and Appraisal of Assets
The executor must identify, gather, and value estate assets. Certain assets require appraisal by a court-appointed probate referee. The completed inventory is filed with the court and becomes part of the public record.
Paying Debts and Taxes
Valid creditor claims must be paid before distributions can occur. The executor is also responsible for addressing final income taxes and any estate-related tax obligations.
Distribution and Closing the Estate
After debts are resolved, the executor submits a petition requesting approval to distribute assets. Once the court issues an order, assets are transferred to beneficiaries and the estate is formally closed.
How Long Does Probate Take in California?
Most California probate cases take between 9 and 18 months. Delays can occur if:
- The estate includes complex assets
- There are disputes among heirs
- Creditor claims are contested
- Required documents are incomplete
Even straightforward estates are subject to mandatory waiting periods under state law.
Common Challenges During Probate
Probate often creates stress for families, especially when expectations differ or records are incomplete. Common issues include:
- Will contests or claims of undue influence
- Missing or unclear beneficiary designations
- Disagreements over asset values or distributions
- Delays caused by court scheduling
Clear planning can reduce many of these risks.
When Probate Can Be Avoided
Probate avoidance is legal and common in California. Tools often used include:
- Revocable living trusts
- Properly titled real estate
- Updated beneficiary designations
When these strategies are in place, families can often settle estates privately and more efficiently.
Talk With Biddle Law About Your Next Steps
If you are dealing with a probate estate or want to reduce the burden on your loved ones, understanding your options matters. At Biddle Law, we work with individuals and families across California to explain the probate process and identify planning strategies that can limit court involvement. If you have questions about probate, estate administration, or available alternatives, contact us to schedule a consultation and take the next step with clear guidance.