How Does Probate Work in California? (For 2025)
Probate in California is a legal process that ensures a deceased person’s estate is managed and distributed per the legal guidelines in the state and the decedent’s final wishes. Probate helps to ensure debts are settled, assets are accurately valued, and beneficiaries or heirs receive what the decedent left for them. Understanding how probate works in California can help if you have lost a loved one and are wondering how to handle their estate. Let us look at what probate involves and the key steps in navigating probate.
What Is Probate?
Probate is the legal process through which a decedent’s estate is managed. It involves authenticating a will, if there is one, appointing an administrator or executor to help identify the decedent’s assets, paying off debts and taxes, and finally distributing the deceased person’s assets to the rightful beneficiaries. The court usually oversees this process.
When Is Probate Required?
Probate is only necessary if the estate value exceeds a certain amount. In 2024, probate was required if the estate’s value exceeded $166,250. Beginning in April 2025, this threshold will rise to $750,000 under Assembly Bill 2016 (AB 2016). Estates below this threshold can avoid formal probate, and instead, property can be legally transferred simply by writing an affidavit.
Additionally, if the decedent had set up a trust, provided joint tenancy arrangements, or established payable-on-death accounts, the assets would be directly transferred to beneficiaries, bypassing the probate process.
Key Steps in the Probate Process in 2025
Probate involves several steps, as discussed below:
Filing a Petition
In California, the probate process begins when someone, usually an executor or family member, files a petition with the Superior Court office in the county where the decedent lived. This petition serves as an official request to begin the probate process and asks the court to appoint an executor named in the will or an administrator in cases where the decedent did not leave a will.
Notifying Beneficiaries and Creditors
The next step is to notify beneficiaries and known creditors of the initial probate hearing via mail and publicly in the local newspaper. The first newspaper publication should be at least 15 days before the hearing.
Inventory and Appraisal of the Estate
The executor then takes inventory of the deceased’s assets, including real estate, bank accounts, personal property, and investments. The assets may also be appraised, and the inventory is submitted to the court.
Paying Debts and Taxes
Before being distributed, the estate assets are first used to clear outstanding bills, debts, and taxes. Sometimes, the executor may sell some assets if cash is unavailable.
Distributing Assets
Finally, the executor or administrator prepares a final accounting of the estate’s transactions and presents it to the court for approval. After approval, the remaining assets are distributed to beneficiaries according to the will. If there is no will, California intestate laws apply, determining which family members inherit and in what amounts. The probate case is then officially closed.
How Long Does Probate Take In California?
The probate process can take one year to 18 months or even longer. The duration varies depending on the complexity of the case, delays in the court system, disputes among beneficiaries, or delays in settling debts.
Contact an Experienced California Probate Attorney
If you have questions about the probate process or want to hire a probate attorney, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
Source:
leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB2016
