California Probate Process: A Step-by-Step Guide for Families
Probate is the legal process of settling someone’s affairs after they pass away. In California, probate can be time-consuming, expensive, and emotionally taxing. At Newman Law Group, we guide families in Tustin, Santa Ana, and throughout California through each stage of the California probate process with clarity and compassion.
Understanding When Probate Is Required
Not every estate needs to go through probate. In California, probate is generally required if the person who passed away owned assets in their name alone worth more than $184,500 (as of 2023), and those assets aren’t held in a trust or have named beneficiaries. If there's no living trust in place, probate is often unavoidable.
What to Expect: A Typical Probate Timeline
In Orange County and across California, probate typically takes 9 to 18 months to complete. The process can stretch longer if there are disputes among heirs, missing documents, or complex assets to manage. Delays are common – which is why proper legal guidance can make all the difference.
California Probate Process
Filing the Petition
The probate process begins with filing a petition with the Orange County Probate Court. This petition names the executor (if there’s a will) or administrator (if no will exists) and notifies the court of the person’s passing. A hearing date is scheduled.
Notifying Heirs and Creditors
The executor must notify all legal heirs and beneficiaries. California law also requires publishing a Notice of Petition to Administer Estate in a local newspaper and formally notifying known creditors.
Executor or Administrator Duties
The court-appointed executor/administrator is responsible for:
- Collecting and inventorying estate assets
- Valuing the estate (sometimes with a probate referee)
- Maintaining property
- Paying debts, taxes, and funeral costs
- Keeping detailed records
Court Supervision and Accountings
Certain actions, such as selling real estate, may require court approval. The executor must provide a detailed accounting to the court and heirs, showing all receipts, disbursements, and asset management.
Final Distribution and Closing the Estate
Once debts are paid and the court approves the final accounting, the remaining assets can be distributed to the beneficiaries. A final petition is filed, and once approved, the estate is formally closed.
How a Probate Attorney Can Help
Trying to manage probate alone can be overwhelming.
At Newman Law Group, we help:
- Ensure legal filings are done correctly and on time
- Avoid costly delays and court rejections
- Communicate with creditors and beneficiaries
- Assist with asset sales and real estate matters
- Guide you through the court's expectations and processes
- We help families in Irvine, Orange, and all surrounding communities minimize stress during a difficult time.
Frequently Asked Questions
Can we sell a house during probate?
Yes, but you may need court approval unless the will grants "independent administration" powers.
How much does probate cost in California?
Statutory attorney and executor fees are based on the estate’s value and can run into the tens of thousands.
What if someone contests the will?
This can significantly delay the process. We help clients respond effectively and protect the estate’s integrity.
Do we have to go to court in person?
Sometimes, but many steps can be handled by your attorney or remotely through filings.
Here to Guide You Through Probate in Orange County
Let’s Make a Complex Process Simpler
If you’re navigating the California probate process after the loss of a loved one, you don’t have to do it alone. Newman Law Group is here to help you every step of the way.
