What Are the Steps for Filing Probate in California?

Losing a loved one is a challenging experience, and handling legal matters while grieving can feel overwhelming. If you’re responsible for managing an estate in California, you may wonder what comes next. Filing Probate in California is often necessary to distribute assets, settle debts, and finalize the deceased person’s affairs—but the process can seem complicated if you’ve never been through it before.

The good news is that Probate follows a structured series of steps. Understanding what to expect can take some of the uncertainty out of the process and help you move forward with confidence. This blog provides an overview of the key steps so you know what’s ahead and how to approach each stage effectively.

However, not every estate requires Probate. Before starting the process, it’s important to determine whether Probate is necessary or if the estate qualifies for a simpler alternative.

Determine if Probate Is Necessary

Before moving forward with Probate, assessing whether it’s required is important. In some cases, assets transfer automatically or qualify for streamlined procedures, eliminating the need for Probate. The following situations may allow for a probate-free or simplified asset transfer:

• Jointly Owned Property – If the deceased owned property jointly with a surviving spouse or another person with rights of survivorship, the asset transfers directly to the surviving owner.
• Assets Held in a Living Trust – Property and accounts placed in a Revocable Living Trust do not go through probate because ownership shifts to the named successor trustee.
• Payable-on-Death or Transfer-on-Death Designations – Bank accounts, retirement funds, and brokerage accounts with designated beneficiaries pass directly to the named individuals without court involvement.
• Small Estates – If the total value of Probate assets (excluding non-probate assets like trust property or joint accounts) is $184,500 or less as of 2024, heirs may use a Small Estate Affidavit instead of going through probate.
• Surviving Spouse or Domestic Partner Inheritance – A surviving spouse or registered domestic partner may be able to claim assets using a Spousal Property Petition (Form DE-221) or Domestic Partner Property Petition, which allows for the transfer of assets through a streamlined court process, often in a single hearing. 

If an estate does not qualify for any of these alternatives, Probate is required.

File a Petition for Probate

To start Probate, you must file a Petition for Probate with the Superior Court in the county where the deceased lived. This petition requests the court to:

• Appoint an Executor (if named in the Will) or an Administrator (if no Will exists).
• Recognize the validity of the Will, if there is one.

The petition is typically filed using Form DE-111 and must be accompanied by the original Will (if applicable) and a certified death certificate. The filing fee is typically $435 but may vary by county.

Provide Notice to Interested Parties

California law requires that all interested parties receive formal notice of the Probate proceedings, including:

• Heirs and beneficiaries named in the Will or those entitled under intestate succession laws.
• Creditors who may have claims against the estate.

Notice must be published in a local newspaper (Cal. Prob. Code § 8120) to inform creditors and other interested parties of the proceedings.

Obtain Letters of Administration or Letters Testamentary

Once the court reviews and approves the petition, it will issue either:

• Letters Testamentary (if there is a valid Will and an Executor is named).
• Letters of Administration (if there is no Will or no Executor is available).

These documents give the Executor or Administrator legal authority to handle estate matters, such as accessing bank accounts, selling property, and paying debts.

Inventory and Appraise Estate Assets

The Executor or Administrator must identify and document all estate assets, which may include:

• Real estate properties
• Bank accounts
• Investment accounts
• Personal belongings of value

In California, the Executor must file an Inventory and Appraisal (Form DE-160) with the court, listing all assets subject to Probate. Certain assets require valuation by a court-appointed Probate referee, who determines their fair market value.

Pay Debts and Taxes

Before distributing any inheritance, the estate must settle outstanding obligations. This includes:

• Funeral and burial expenses
• Outstanding medical bills
• Credit card debts and loans
• Final income taxes
• Estate taxes (if applicable)

Creditors typically have four months from the issuance of Letters Testamentary or Letters of Administration to file a claim. If valid claims exist, they must be paid from estate funds before distributing assets to beneficiaries.

Additional Probate Costs

Beyond debts and taxes, other Probate-related expenses may include:

• Publication Fees – Required to publish notice of Probate proceedings in a local newspaper.
• Appraisal Fees – Charged by a Probate referee for valuing estate assets.
• Personal Representative Fees – Executors and Administrators are entitled to a statutory fee based on the estate’s value.
• Attorney’s Fees – If legal representation is required, fees are typically a percentage of the estate’s worth.

Many of these costs must be paid upfront but can be reimbursed from the estate.

Distribute Assets to Beneficiaries

After settling debts and taxes, the remaining estate assets are distributed according to the Will or California’s intestate succession laws. If there is a Will, the Executor follows its terms. If there is no Will, assets pass to the deceased’s closest relatives in the order prescribed by law.

Before distributions are made, the Executor must obtain court approval to close the estate. If all requirements have been met, the court will issue an order authorizing final distributions.

Close the Estate

Once all distributions are complete, the Executor must:

• File a Final Accounting with the court, detailing all estate transactions.
• Submit a Petition for Final Distribution, requesting the court’s approval to close Probate.

If everything is in order, the court will grant the petition, officially closing the estate. This step releases the Executor or Administrator from further responsibilities.

How Long Does Probate Take in California?

The timeline varies based on the complexity of the estate and any disputes. In general:

• Simple estates: Probate may take 9 to 12 months.
• Moderate estates: Expect 12 to 18 months if multiple assets or creditor claims exist.
• Complicated estates: Probate can take two years or longer, especially if contested.

Factors that may extend the process include missing heirs, disputes over asset distribution, or challenges to the validity of the Will.

Probate in California follows a structured process, but each estate presents unique challenges. If you have questions about specific steps, consulting a Probate attorney can clarify your responsibilities.

Get Trusted Guidance for Filing Probate in California

Probate can be a complicated process, but understanding the key steps is the first step toward handling an estate efficiently. This blog provided an overview of how Probate works in California, but every estate comes with unique challenges that often require skilled legal guidance.

At Talai Law Offices, Los Angeles Probate attorney Ali Talai offers personalized Probate and Estate Planning services with flat-fee pricing, ensuring clarity and predictability in your legal matters. Whether you need assistance filing Probate in California, administering an estate, or creating an Estate Plan to help your loved ones avoid Probate in the future, we provide tailored solutions to protect your interests.

Your online search for “Probate in California” or “LA Probate attorney” brought you here. Take the next step. Call us at (818) 285-2850(818) 285-2850 or complete our confidential online form to schedule your consultation today.

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

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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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