How to Probate a Will in California

Probate is the legal process of administering a deceased person’s estate, ensuring debts are paid, and assets are distributed according to their will. In California, probate is often required unless the estate qualifies for simplified procedures, such as a small estate affidavit or a spousal property petition.

Table of Contents

1. Determining If Probate Is Necessary
2. Steps to Probate a Will in California
3. Common Challenges in the Probate Process
4. How an Attorney Can Assist in Probate
5. Costs and Timeline of Probate in California
6. Conclusion

1. Determining If Probate Is Necessary

Not all estates require probate. Some assets can pass directly to beneficiaries without court intervention, including:

• Jointly owned property with rights of survivorship
• Assets held in a revocable living trust
• Life insurance proceeds and retirement accounts with designated beneficiaries
• Small estates valued under $184,500 (as of 2024)

If the estate doesn’t qualify for an exemption, probate is typically required.

2. Steps to Probate a Will in California

The probate process involves several key steps:

Step 1: File the Petition
The executor named in the will (or an interested party) files a petition with the California Superior Court to open probate.

Step 2: Notify Heirs and Creditors
A notice must be published in a local newspaper and sent to heirs, beneficiaries, and creditors.

Step 3: Inventory and Appraisal of Assets
The executor must compile a list of the decedent’s assets and obtain appraisals for certain items, such as real estate.

Step 4: Pay Debts and Taxes
Before distributing assets, debts and taxes must be paid from the estate.

Step 5: Distribute the Remaining Assets
After settling debts, the remaining assets are distributed according to the will (or intestacy laws if no will exists).

Step 6: Close the Probate Case
The executor files final paperwork with the court to close the estate.

3. Common Challenges in the Probate Process

Probate can be complex and time-consuming. Some common challenges include:

• Will Contests: Disputes over the validity of the will
• Creditor Claims: Unexpected debts against the estate
• Family Disputes: Conflicts among heirs or beneficiaries
• Complex Assets: Real estate, businesses, or offshore accounts requiring special handling

4. How an Attorney Can Assist in Probate

A probate attorney can provide invaluable assistance by:

• Filing Court Documents: Ensuring accurate and timely filings
• Handling Disputes: Representing the estate in legal challenges
• Navigating Tax Issues: Minimizing estate and inheritance taxes
• Managing Asset Distribution: Ensuring compliance with state laws
• Reducing Delays: Streamlining the probate process to avoid unnecessary delays

5. Costs and Timeline of Probate in California

The duration of probate varies but typically takes 9 months to 2 years, depending on the estate’s complexity.

Costs of Probate

• Court Fees: Around $435+ per filing
• Executor Fees: Based on the estate’s value (e.g., 4% of the first $100,000, 3% of the next $100,000, etc.)
• Attorney Fees: Often follow the statutory fee schedule in California, similar to executor fees

6. Conclusion

Probate in California can be overwhelming, especially for large or contested estates. An experienced probate attorney ensures a smooth, legally compliant process while protecting beneficiaries’ rights. Seeking legal counsel early can save time, money, and stress.

Need Assistance with Probate?

If you’re dealing with probate in California, consulting with a skilled probate attorney can make all the difference. Contact a legal professional today to ensure your loved one’s estate is handled properly.