Probate is a legal process that administers the estate of a deceased person, ensuring the proper distribution of assets. However, this process can be complicated, and many individuals encounter pitfalls when navigating the process. Here are the top five common errors made through the process:

1. Failing to Notify All Heirs and Interested Parties

Probate law requires that all heirs and potential beneficiaries be notified of the probate proceedings. This may include distant relatives and/or all named beneficiaries in a decedent’s will. Failing to provide proper notice to all interested parties will cause significant delay.

2. Failure to check the probate examiner notes

Upon the filing of a probate petition, a probate examiner is assigned to the case. The probate examiner publishes notes concerning any deficiencies related to the initial petition and throughout the finalizing of the case. Failure to check the probate examiner's notes and remedy deficiencies can cause delay.

3. Failing to Marshal Assets

One of the most critical aspects of the probate process is accurately identifying and valuing the deceased’s assets. Common oversights include failing to search for certain assets, such as life insurance policies, or failing to take control of all of the decedent’s assets. The personal representative is responsible for gathering and inventorying all of the decedent's assets, which can require a significant amount of time and investigation.

4. Failure to notify potential creditors

The personal representative must notify creditors, including but not limited to the Franchise Tax Board and the California Department of Health Care Services. This provides creditors with the opportunity to file creditor claims, which can be satisfied or denied by the personal representative. The personal representative is responsible for identifying liabilities.

5. Overlooking Deadlines

Probate involves strict deadlines for filing petitions, submitting inventories, and providing accountings to the court. Missing these deadlines can cause significant delays, fines, or even dismissal of the case. It’s crucial to be aware of and adhere to all timelines to ensure a smooth probate process.



Many people attempt to navigate the probate process without legal assistance, assuming they can handle it on their own. However, California probate law is complex and varies significantly by county. Without professional guidance, it’s easy to make mistakes that could lead to extraordinary delay in closing a decedent’s estate.

Seeking professional assistance and thoroughly preparing all necessary documentation are key steps in ensuring a smooth and efficient probate process. If you think you may need professional assistance, do not hesitate to reach out.