How Do You Start the Probate Process in California?

When a loved one dies, dealing with court paperwork and deadlines might be the last thing you want to face. But if you’ve been named as the executor or personal representative, you may be wondering how to take the first step. How do you start the probate process in California, and what exactly does the court require?

Probate can feel complicated, especially if this is your first time handling an estate. There’s a specific legal process involved, and the steps must be followed carefully to avoid delays, disputes, or unnecessary court intervention. Whether you’re managing a modest estate or something more complex, knowing what to expect can help you feel more confident moving forward.

Below, we break down the key stages and requirements of probate in California so you can move forward with clarity and confidence.

What Is Probate and When Is It Required?

Probate is the court‑supervised legal process for validating a will, inventorying the decedent’s estate, paying debts and estate taxes, and distributing the remaining assets. However, California law lets you bypass formal probate through simplified procedures when certain conditions are met:

• Small‑estate affidavit (Probate Code §§ 13100–13116): If the gross value of real and personal property is below the current limit and at least 40 days have passed since death, you can collect or transfer assets without opening probate (courts.ca.gov, sdcourt.ca.gov).
• The thresholds are adjusted every three years based on the Consumer Price Index. For example, for decedents who died on or after April 1, 2025, the limits are:
  • $208,850 for personal property transfers under § 13100,
  • $750,000 for succession to a primary residence under §§ 13151–13154 (courts.ca.gov, selfhelp.courts.ca.gov).
• A spousal or domestic partner property petition (DE‑221) may apply when the estate passes entirely to a surviving spouse or partner.

If the estate exceeds these limits or does not qualify for summary proceedings, you’ll need to begin the standard probate process by filing a petition in the superior court.

Step 1: File a Probate Petition in California Superior Court

To begin the California probate process, you’ll need to file a probate petition in the superior court in the county where the deceased resided at the time of death. For example, if your loved one lived in Los Angeles, the filing must occur in the Los Angeles County Superior Court.

The probate petition officially asks the court to open the estate and appoint a personal representative. You’ll also need to provide:

• A certified copy of the death certificate
• The original will (if one exists)
• A list of heirs and beneficiaries
• An estimate of the estate’s value

The court sets a date for a probate hearing, and you’ll be required to notify all interested parties, including the decedent’s heirs, beneficiaries, and creditors.

Step 2: Appointment of the Personal Representative

After the probate hearing, the court typically appoints a personal representative (or confirms the named executor in the will) and issues “Letters Testamentary” or “Letters of Administration.” These documents give you the legal authority to act on behalf of the decedent’s estate.

Once appointed, you assume fiduciary duty. This means you’re legally responsible for acting in the best interests of the estate and its beneficiaries. You can be held personally liable if you mishandle estate assets or violate probate law.

Step 3: Notify Creditors and Inventory the Estate

You must notify known creditors of the decedent’s passing and publish a notice in a legal newspaper to alert unknown creditors, as required under California Probate Code § 8120.

You’ll also need to inventory and appraise all probate assets, which might include:

• Real property
• Bank accounts
• Vehicles
• Investment accounts
• Personal belongings

File the inventory and appraisal with the probate court within four months of your appointment, as required by Probate Code § 8800.

Step 4: Pay Debts, Taxes, and Administrative Expenses

Before distributing assets, you must use estate funds to settle valid debts, funeral expenses, and administrative costs. This may involve:

• Paying creditor claims
• Filing and paying the decedent’s final income tax returns
• Paying estate taxes, if applicable
• Covering attorney fees or law firm costs

If there’s not enough cash in the estate to pay debts, you may need to sell estate assets to raise funds.

Step 5: Resolve Any Probate Disputes

Disputes over a decedent’s estate can complicate probate proceedings. These may involve:

• Challenges to the validity of the will
• Claims of undue influence or lack of capacity
• Allegations that the personal representative breached fiduciary duty
• Disagreements between heirs over remaining assets or distribution plans

Other common probate disputes involve unclear or conflicting asset ownership, such as jointly titled real property, or missing estate assets that were never properly inventoried.

In these situations, the matter may escalate to probate litigation. Estate litigation can slow down or even halt probate proceedings, especially if family members contest decisions made by the appointed executor or seek to remove them from their role.

Having an LA probate attorney who understands local laws in Los Angeles and Southern California can make a significant difference in resolving disputes efficiently.

Step 6: Distribute the Estate and Close Probate

Once all debts, taxes, and expenses have been handled, you can distribute the remaining property to the rightful heirs or beneficiaries. This must align with the terms of the will, or if no will exists, follow California’s intestate succession rules under Probate Code § 6400.

After distribution, you must:

• File a final accounting with the court
• Request the court’s approval to close the estate
• Discharge yourself from your duties as personal representative

This step officially ends the probate administration process.

What If There’s a Trust Involved?

If the decedent had a revocable living trust, you may be dealing with trust administration rather than full probate. However, not all assets are automatically included in the trust. If certain estate assets were left out or the trust is contested, probate litigation or trust litigation may still be necessary.

How Long Does Probate Take in California?

The length of the probate process can vary, but in most California probate cases, it takes between 12 to 18 months. Factors that influence the timeline include:

• The size and complexity of the estate,
• Whether estate litigation arises,
• How quickly court hearings are scheduled,
• The number of beneficiaries or heirs involved,
• Whether there are disputes or contests.

How Much Are Probate Attorney Fees?

California law sets probate attorney fees based on a percentage of the gross estate value, as outlined in Probate Code § 10810. These are statutory fees and apply to both the attorney and the personal representative. If disputes arise or litigation is required, additional fees may apply for litigation matters.

Talai Law Offices – Your Trusted Los Angeles Probate Attorney

Handling probate while managing legal matters or grieving a loss can feel overwhelming. At Talai Law Offices, Ali Talai, Esq., LL.M., brings a tailored, client‑first approach to probate law across Los Angeles and Southern California.

With advanced training in estate and tax planning and a history of advising physicians, real estate investors, and high‑net‑worth families, he understands the importance of preserving your legacy and minimizing complications.

You’ll know exactly what to expect from the start, thanks to our transparent flat‑fee structure. We’ll guide you through every stage of probate administration or litigation, keeping you informed and advocating for what’s in your family’s best interests. Whether it’s handling complex estate tax matters, resolving probate disputes, or overseeing the distribution of assets, Los Angeles probate attorney Ali Talai delivers dedicated representation tailored to your situation.

If you’re ready to take the next step or have questions about probate in California, call (818) 285-2850(818) 285-2850 or use our confidential online form to schedule your consultation.

At Talai Law Offices – we’re your attorney for life.

Copyright © 2025. Talai Law Offices, Inc. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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Woodland Hills, CA 91367
(818) 285-2850(818) 285-2850
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