Probate in California can be a daunting process for those unfamiliar with its intricacies. Understanding the basics can help demystify this legal procedure, which is essential for settling a deceased person’s estate. Below, we address some commonly asked questions about probate in California:

What is probate?
Probate is the legal process through which a deceased person’s estate is settled. It involves proving in court that the deceased person’s will, if any, is valid, identifying and inventorying assets, settling debts and taxes, and distributing remaining property according to the will or state law.

When is probate necessary in California?
Probate is typically required when a person dies owning real estate solely in their name or assets valued over $166,250 (as of 2024), unless these assets are held in a trust, jointly owned with right of survivorship, or have designated beneficiaries.

How long does probate take in California?
The duration of probate varies widely but generally spans from several months to over a year. Factors influencing the timeline include estate complexity, potential disputes, and court scheduling.

What are the costs associated with probate in California?
Probate costs may include court fees, attorney fees (which are state-regulated based on the estate’s value), executor fees, appraisal costs, and other expenses necessary for estate administration.

Can probate be avoided in California?
Yes, probate avoidance strategies include establishing a living trust, utilizing joint tenancy with right of survivorship, or designating beneficiaries on assets like retirement accounts and life insurance policies.

Who oversees the probate process in California?
The probate court oversees the process to ensure debts are settled and assets are distributed as per the will or state law.

What happens if there is no will (intestacy) in California?
In cases of intestacy, California law dictates how assets are distributed, typically prioritizing close family members such as spouses, children, or parents.

Can you contest a will in California?
Yes, will contests are permissible in California courts. Common reasons include claims of lack of testamentary capacity, undue influence, fraud, or errors in the will.

What role does the executor play in California probate?
The executor (or administrator, if no will exists) manages the estate, including asset identification, debt settlement, tax payment, and asset distribution to beneficiaries.

Do all assets go through probate in California?
No, assets held in a living trust, joint ownership with right of survivorship, or assets with designated beneficiaries generally bypass probate.



Navigating probate in California involves understanding these fundamentals. While these questions cover the basics, each case is unique, and consulting a California probate attorney can provide tailored guidance through this important legal process. By knowing your options and obligations, you can navigate probate with greater confidence and efficiency.