Step-by-step California Probate Process

Probate in California can be complex. It generally involves the following steps:

  1. Filing a Petition: The first step in a California probate case is filing a petition with the Court. The petition is typically filed by the executor named in the deceased person’s will, or by a family member if there is no will.
  2. Notice to Heirs and Beneficiaries: After the petition is filed, the executor or administrator has to give notice to all heirs and beneficiaries of the deceased person’s estate according to the rules in California’s probate code.
  3. Inventory and Appraisal: The executor or administrator must prepare and file an inventory of all of the deceased person’s assets, and have those assets appraised by a probate referee.
  4. Paying Debts and Taxes: The executor must pay any outstanding debts and taxes owed by the estate before any assets can be distributed to beneficiaries. There are special rules in California’s probate code about notifying creditors, how creditors can submit claims, and which outstanding debts the executor must pay.
  5. Final Accounting: The executor must prepare a final accounting of all transactions related to the estate, including income and expenses, and provide it to the beneficiaries and to the court.
  6. Distribution of Assets: After all debts and taxes have been paid, and upon the Court’s approval, the executor may distribute the remaining assets, property, and personal belongings to the beneficiaries according to the terms of the will or state law.
  7. Closing the Estate: After all of the above steps have been completed, the executor can file a petition with the Court to close the estate.