Wills, Trusts & Probate · After a death
How formal probate works
In this guide
- Probate is a superior court process that appoints someone to collect property, pay debts and distribute what’s left.
- Creditors generally have four months after the court issues Letters to file claims.
- Simple cases often take many months, and contested or complex cases take longer.
Probate is the court-supervised process for handling a deceased person’s estate. The court appoints a personal representative (called an executor if named in a will, or an administrator if not) to collect property, pay valid debts and taxes, and distribute what remains.
How the process generally unfolds
- Petition. Someone files a Petition for Probate (form DE-111) in the superior court of the county where the person lived and pays a filing fee.
- Notice and hearing. Notice is published in a local newspaper and mailed to heirs and beneficiaries. The court sets a hearing date, usually several weeks out.
- Appointment. The court appoints the personal representative and issues Letters, the document that proves their authority. The court may require a bond.
- Inventory and appraisal. The representative lists the estate’s property. A court-appointed probate referee values most non-cash assets.
- Creditor claims. Known creditors are notified, and creditors file claims within the time allowed by law.
- Paying debts and taxes. Valid claims, expenses and taxes are paid from the estate.
- Accounting and distribution. The representative asks the court to approve a final report and distribution. After distribution, the representative is discharged.
Independent administration
Many representatives are granted authority under the Independent Administration of Estates Act. This lets them take some actions, such as selling property, without a court hearing, after giving interested people a Notice of Proposed Action.
Fees
California law sets a default fee schedule for the personal representative and the estate’s attorney, based on a percentage of the estate’s value. Courts can approve additional fees for extraordinary work.
Time frames in California law
- Creditor claims: generally the later of 4 months after Letters are issued or 60 days after notice is mailed to the creditor (Probate Code § 9100).
- Simple estates often take many months to close, and contested or complex estates can take years.
Some people handle probate without a lawyer using the court’s forms and self-help resources. Court Self-Help Centers can explain what help is available locally.
Common questions
Is probate required if there is a will?
Sometimes. A will says who receives property, but property that is only covered by a will may still need probate unless a simplified procedure applies. See the guide on transferring property without full probate.
Official sources for this guide
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