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Probate in California: Guide to the Process, Timeline, and FAQs

If you’re wondering “Do all wills have to go through probate in California?”, “How long does probate take in California?”, or “What happens if there is no will in California?”, this guide will help. We explain when probate is required, steps in the California probate process, the small estate limit, and provide answers to the most common probate frequently asked questions.

What is Probate in California?

Probate is the court-supervised process for handling a deceased person’s assets. It includes:

  • Validating the will (if there is one)
  • Appointing a personal representative (executor or administrator)
  • Identifying and appraising assets
  • Paying debts, taxes, and creditor claims
  • Distributing remaining property to heirs or beneficiaries according to the will or California probate law

When is Probate Required in California?

A full probate is required if:

  • The decedent died without a trust and his or her estate exceeds the California small estate limit
  • The decedent owned real property or significant assets
  • There is no surviving joint tenant or payable-on-death beneficiary

Who Can File for Probate in California?

Under California Probate Code §8461, priority to act as personal representative is this order:

  1. Surviving spouse or registered domestic partner
  2. Children
  3. Grandchildren
  4. Other issue (e.g., great-grandchildren)
  5. Parents
  6. Siblings
  7. Other heirs at law

Steps in the California Probate Process

“What are the steps in California probate?” Here’s the process:

  1. File a Petition for Probate in the county where the decedent lived
  2. Court Hearing & Appointment of personal representative (usually in 4–8 weeks)
  3. Notify Creditors – They have 4 months to submit claims
  4. Inventory & Appraisal – Court-appointed Probate Referee values assets
  5. Pay Debts and Taxes – Including mortgages, loans, and final income taxes
  6. Final Accounting & Distribution – Court approves and orders distribution

Average timeline: 12 to 18 months—longer if there are disputes or complex assets.

Frequently Asked Questions About California Probate

1. Do all assets have to go through probate in California?

No. Assets held in a living trust, joint tenancy, or with named beneficiaries generally avoid probate. If the assets exceed the California small estate threshold and are solely in the decedent’s name, probate is required—even with a valid will.

2. What happens if there is no will in California?

If someone dies intestate (without a will), California intestacy laws determine inheritance:

  • Spouse and children receive property first
  • If no spouse or children, it goes to parents, siblings, or other relatives
  • The court appoints an administrator to handle the estate

3. Who pays debts during probate?

The estate pays valid debts before distributing property to heirs. Beneficiaries are not personally responsible unless they co-signed for a debt.

4. Can an executor be removed?

Yes. The court can remove an executor for mismanagement, failure to follow court rules, or dishonesty.

5. How do creditors get paid?

Creditors must file claims within 4 months of the issuance of Letters Testamentary or Administration. Claims are reviewed, and valid debts are paid before any distributions to heirs or beneficiaries.

6. What happens if someone contests the will?

A will contest can significantly delay probate. Common reasons for probate litigation include:

  • Undue influence
  • Fraud or forgery
  • Lack of testamentary capacity

7. What is the California small estate limit?

As of 2025:

  • $208,850 for deaths occurring on or after April 1, 2025
  • $184,500 for deaths prior to that date
    If the estate is under this amount and includes only personal property, you may qualify for a simplified procedure using a Small Estate Affidavit.

8. Does probate include property in another state?

Yes. If the decedent owned property in another state, a separate process called ancillary probate may be required there.

9. Do retirement accounts and life insurance go through probate?

No, as long as they have designated beneficiaries. These assets typically bypass probate.

10. Can probate be handled without an attorney?

Technically, yes—but it’s risky. California probate is complex and deadline-driven, and personal representatives face legal liability for mistakes. Failure to comply with court procedures can lead to removal and financial penalties. For these reasons, it is strongly recommended to hire an experienced probate attorney.

How Long Does Probate Take in California?

Most cases take 12–18 months, but probate can take longer if there are:

  • Will contests or litigation
  • Complex assets or real estate in multiple states
  • Court scheduling delays

How Our Law Firm Helps with Probate

Our attorneys:

  • Prepare and file all court documents
  • Guide you through hearings and deadlines
  • Handle creditor negotiations
  • Represent you in probate litigation if disputes arise
  • Ensure compliance with the California Probate Code

Contact Us Today

If you’ve been searching for:

  • “California probate attorney near me”
  • “How to file probate in California”
  • “What happens if there is no will in California”

We can help!

Call Young & Chic LLP now: (661) 259-9000
Email: myoung@youngchicllp.com
kchic@youngchicllp.com