California · Probate
California probate guide
Probate is a court-supervised process that may be used to handle a person’s estate after death. It can involve gathering assets, addressing estate obligations, and distributing property. Whether formal probate applies depends on the property and the circumstances.
General information
This overview describes common steps only. The process and requirements can vary by estate and court.
KithLedger does not provide legal or tax advice.
What probate does
When formal probate is used, the court supervises the handling of estate property. The personal representative gathers and manages assets, addresses estate obligations, and distributes property that remains to the people entitled to receive it.
Some property may pass through a beneficiary designation, how it is titled, or a simpler transfer procedure. Whether formal probate is needed depends on the type and ownership of the property and other circumstances. Read the California Courts guide to when formal probate may not be needed for information about alternatives.
Common stages of formal probate
1. Open a case and appoint a personal representative
A petition asks the probate court to open a case. The court may appoint the executor named in a will or another person as the personal representative who handles the estate.
2. Provide required notices and attend hearings
People with an interest in the estate may need to receive formal notice. The court holds hearings to consider requests and oversee key parts of the process.
3. Inventory and appraise estate property
The personal representative identifies property that belongs to the estate and reports its value. Some property may need a formal appraisal.
4. Administer estate assets and liabilities
The personal representative manages estate property, addresses valid obligations, and provides reports or notices required for the case.
5. File a final report, distribute property, and close the case
After administration, the personal representative asks the court to approve a final report and distribution. Remaining property is distributed to the people entitled to receive it, and the case is closed.
This sequence is a general overview; steps and court requirements depend on the case. See the California Courts overview of formal probate for more detail.
Official California Courts resources
- Guide to property after someone dies — an overview of property, bills, debts, and transfer options.
- Overview of formal probate — common court-supervised steps in a formal probate case.
- When formal probate may not be needed — simpler procedures that may apply to some property.