Probate is the court-supervised legal process of settling a deceased person’s financial affairs — collecting their assets, paying their debts, and distributing what remains to the people entitled to inherit it. In California, probate typically takes twelve to eighteen months from start to finish, longer if disputes or complications arise along the way
What an Executor or Administrator Actually Does in Probate
Once the court grants authority, the executor or administrator manages the estate with the same care a prudent person would use handling someone else’s property. That includes inventorying and appraising estate assets, filing that inventory with the court, and providing a change of ownership statement to every county where the decedent owned real property. Why the Will Matters So Much in Probate
Whether a valid will exists, and what it says, shapes almost everything that follows. A will is a written document (or, in narrow circumstances, an oral declaration) directing who receives someone’s property after death. With limited exceptions, a formal will must be in writing and signed in front of a witness.
If a valid will exists, it typically names an executor to carry it out. If someone dies without a will — intestate, in legal terms — California Probate Code § 8461 sets a strict statutory priority for who the court appoints as administrator instead: surviving spouse or domestic partner first, then children, grandchildren, other issue, parents, and on down a defined list. The court has no discretion to skip a higher-priority person who is eligible and hasn’t waived the right.
Filing the Probate Petition
Probate begins with a Petition for Probate filed with the court, typically including a copy of the will (if one exists), a death certificate, and the petition itself. Once filed, the court sets a hearing, and all heirs, beneficiaries, and creditors must be notified — directly in writing for identifiable parties, and through newspaper publication for anyone who can’t otherwise be identified.
Creditors get a defined window to bring claims once properly noticed, and the estate can’t be distributed until those claims are resolved — paid, or contested if not legitimate. The decedent’s final personal tax return also has to be filed during this period, with any tax liability paid from estate funds, which sometimes requires liquidating assets to cover creditors and taxes.
Final Distribution and Closing Probate
Before any distribution happens, the executor or administrator submits a final accounting to the court — a complete record of every financial transaction during the process, including court costs, legal fees, and administration fees. Only after the court approves that accounting can the remainder of the estate go to the named beneficiaries. Every receipt matters here: an executor who can’t document a claimed estate expense can be held personally liable for it, and no distribution or fee payment can happen without a court order.
Key Probate Terms to Know
Administrator — court-appointed manager of an estate when there’s no will, also called the personal representative.
Beneficiary — a person who inherits under a will.
Executor — the person named in a will and appointed by the court to carry out its terms, also called the personal representative.
Heir — a person who inherits when there’s no will.
Intestate / Testate — dying without a will, versus dying with one.
A handful of other terms come up constantly in probate: decedent (the person who died), decedent’s estate (everything they owned at death), personal property (cash, stocks, and similar movable assets) versus real property (land and buildings), and holographic will (one that’s entirely handwritten, dated, and signed).
Avoiding Probate Entirely
Full probate isn’t always necessary. Proper estate planning — a living trust, in particular — can avoid it entirely. Smaller estates, or property that passes through certain simplified statutory procedures, may bypass full probate as well. That’s a distinct enough topic to warrant its own treatment; see Simplified Probate for the current California thresholds and how those procedures actually work.
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Disclaimer: Every situation is different and particular facts may vary thereby changing or altering a possible course of action or conclusion. The information contained herein is intended to be general in nature as laws vary between federal, state, counties, and municipalities and therefore may not apply to any given matter. This information is not intended to be legal advice or relied upon as a legal opinion, course of action, accounting, tax or other professional service. You should consult the proper legal or professional advisor knowledgeable in the area that pertains to your particular situation.
