California Probate FAQs

Starting probate involves filing a Petition for Probate (Form DE-111) at the Costa Mesa Justice Complex, along with Form DE-147, with a filing fee of around $435. Orange County mandates electronic filing, which can be a point of confusion, leading to frequent searches for guidance on initial steps and required documents.

All heirs, beneficiaries, and those named in the will (including nominated executors) must receive notice of the Petition for Probate. Notice must also be published three times in an approved Orange County newspaper, with the first publication at least 15 days before the hearing. If an heir’s address is unknown, reasonable efforts to locate them must be documented, making this a frequent search due to strict notification requirements

Probate notes are issued by court examiners to highlight deficiencies in a Petition for Probate, such as missing information or documents. These must be addressed by filing a Supplement to Petition before the hearing to avoid delays. Notes are available online 3-4 weeks before the hearing, a critical step in Orange County’s process.

To avoid probate in California, create a living trust, designate beneficiaries on accounts, or hold property in joint tenancy. Gifting assets before death also helps. Consult a California estate planning attorney for tailored strategies. Do Trustees Need Probate?

A Certified Probate Expert in California provides local expertise, guiding you through the probate process, from filing petitions to resolving disputes. They connect you with trusted professionals, like probate attorneys or real estate agents, to ensure a smooth and efficient estate settlement.

Yes, in California, a will must be validated through probate unless specific exemptions apply. A common misconception is that a will avoids probate. Exemptions include estates with a gross value under $750,000 (as of April 2025, per Assembly Bill 2016 which is a Simplified Probate Procedure) or assets held in a living trust, joint tenancy, or with designated beneficiaries.

In California, a personal representative (termed executor if named in a will or administrator if appointed by the court) manages the estate under the California Probate Code. They have a fiduciary duty to act in the estate’s best interest, handling tasks like asset inventory, debt payment, and distribution according to the will or state law.

Yes, California estates may face federal estate taxes if the estate exceeds the federal exemption limit ($13.61 million in 2025). California does not impose a state estate tax, but income generated by the estate may be subject to taxation. A California probate attorney or tax advisor can ensure compliance with tax obligations.

To check if you’re named in a California will, contact the Superior Court in the county where the decedent resided (e.g., Orange County Superior Court). Alternatively, reach out to the estate’s executor or a California probate attorney for assistance. Wills filed with the court are public records once probate begins.

If there’s no will or trust, California’s intestate succession laws (Probate Code §6400-6414) determine heirs. Typically, the surviving spouse or domestic partner inherits community property, while separate property may go to children, parents, or other relatives. A California probate attorney can provide precise guidance based on family structure.

Yes, a will can be contested in California on grounds like undue influence, fraud, or lack of capacity. Contesting a will requires filing a petition in the probate court. Consulting an experienced California probate litigation attorney is critical to assess the validity of your claim.

To initiate probate in California, obtain a certified death certificate from the county where the decedent passed (e.g., Orange County Vital Records). File a Petition for Probate (Form DE-111) with the Superior Court in the decedent’s county of residence. A California Certified Probate Expert can streamline this process.

For California probate, you’ll need a certified death certificate, the original will (if applicable), and documents like property deeds, bank statements, tax returns, and a list of debts and creditors. An inventory of assets and potential heirs is also required. A probate attorney can ensure all paperwork complies with California law.

The California probate process typically takes 9 months to 2 years, depending on estate complexity. Simple estates may resolve in under a year, while disputes or large estates can extend beyond two years. A Certified Probate Expert in California can help expedite the process. Probate Timeline.

Probate costs in California typically range from 4-7% of the estate’s gross value, covering court fees, attorney fees (set by Probate Code §10810), executor fees, and appraisal costs. For a $500,000 estate, costs might be $20,000-$35,000. Tracking expenses is key, as some can be reimbursed from the estate.

In California, inheritances are distributed after probate concludes, typically 9 months to 2 years after filing. All debts, taxes, and creditor claims must be settled first. In some cases, a California probate attorney can arrange an advance on inheritance with court approval.

A California executor manages the estate by collecting assets, paying debts and taxes, filing court documents, notifying creditors, and distributing assets per the will or intestate laws. They must adhere to fiduciary duties under California Probate Code, ensuring transparency and fairness.

Without a will, a house in California enters probate and is distributed per intestate succession laws. It may pass to the surviving spouse, children, or other relatives, or be sold to settle debts. A Certified Probate Expert in California can guide you through options for inherited property.

In California, selling an inherited house during probate requires court approval, typically via a Petition for Confirmation of Sale. Alternatives like accessing equity without selling may be available. Consult a California probate attorney to explore options under Probate Code §10000. Probate Timeline.

No, an executor can manage a California estate remotely, though some tasks may require local coordination. A California Certified Probate Expert can act as your “boots on the ground,” handling local filings and property matters on your behalf.

Gather key documents like the death certificate, will, trust documents, property deeds, bank statements, and a list of debts and heirs. Prepare questions about the California probate process to maximize your consultation. A Certified Probate Expert can help organize these materials.

In California, probate assets like real estate or vehicles are inventoried and may be sold to pay debts or distributed to heirs per the will or intestate laws. Some assets, like those in a trust or joint tenancy, may bypass probate. A probate attorney can clarify asset handling.

Probate litigation in California involves disputes over a will’s validity, executor actions, or asset distribution. Common issues include fraud or undue influence claims. An experienced California probate litigation attorney can represent you in Superior Court to resolve conflicts.

If the decedent received Medi-Cal (California’s Medicaid program), the estate may be subject to Medi-Cal estate recovery under California Welfare and Institutions Code §14009.5. The state may seek reimbursement for benefits paid, typically from the estate’s assets.