Probate Checklist
California Probate Checklist: Step-by-Step Guide for 2026
The probate process can seem overwhelming, especially when handling a loved one's estate, real estate, debts, and distributions. While rules apply statewide, filing occurs in the Superior Court of the decedent's county of residence (e.g., Orange County for many in Southern California), and requirements vary based on estate value—determining if full probate, simplified procedures, or small estate affidavits apply.
In 2026, many estates qualify for streamlined options: personal property under $208,850 (threshold effective since April 1, 2025) can often transfer via affidavit without court (Prob. Code §13100), while primary residences up to $750,000 may use simplified transfers in some cases. Full probate typically takes 9–18 months (or longer with complexities like creditor claims or contested wills), involving statutory fees of about 4–7% of the gross estate, plus court filing, publication, appraisal, and administration costs.
This probate checklist provides a clear, actionable overview of the key steps we commonly guide clients through at MacLean Realty Group—from initial filings and notices to inventory, creditor management, real estate sales (often requiring court approval in probate), and final distribution. It draws from standard California procedures (e.g., Petition for Probate on Form DE-111, Notice DE-121, Duties DE-147) and current practices in areas like Rancho Santa Margarita and Orange County.
Use this as your starting point to stay organized and informed. For a detailed walkthrough of probate timelines, see our related Probate Timeline page. Whether you're an executor managing a probate sale, dealing with inherited real estate, or exploring ways to avoid probate altogether, MacLean Realty Group specializes in supporting families through these challenges with efficiency and compassion.
For personalized assistance—such as selling probate property in Rancho Santa Margarita, coordinating with attorneys, or handling court-supervised transfers—contact Robert MacLean at MacLean Realty Group. We're here to help make the process smoother. Reach out today or review our comprehensive California Probate FAQs for answers to common questions, and our Trusts FAQ for strategies to bypass probate.
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