Probate is the legal process used to settle a deceased person’s estate when the property is not held in a trust. The court oversees the distribution of assets, payment of debts, and appointment of a personal representative.
2. When is probate required?
Probate is required when:
The property is not titled in a trust, and
The estate’s value exceeds California’s small-estate limit.
If the title is in a trust, probate is not required, and the successor trustee can manage the property.
3. Who is in charge during probate?
It depends on whether there is a will:
With a Will: The court appoints an Executor named in the will.
Without a Will: The court appoints an Administrator based on California probate law.
Both are known as the Personal Representative.
4. How long does probate take in California?
Generally 9 months to 1 year, but complex cases can take longer. The timeline includes:
Filing the petition
Court hearings
Issuing Letters Testamentary/Administration
Completing all duties and accounting
Closing the estate
5. Do I need an attorney for probate?
While you can file “In Pro Per” and represent yourself, most people hire a probate attorney to avoid delays, mistakes, and court rejections. Attorney fees are set by California law and are paid at the end of probate.
6. Do the heirs have to pay anything upfront?
No. Probate costs, attorney fees, and executor fees are paid from the estate at the end. Heirs do not pay out of pocket.
7. What if there is no will?
When someone dies without a will, California intestate laws determine who inherits. The court appoints an administrator, typically the closest living family member.
8. What is a bond and why is it required?
A bond protects the estate from fraud or mismanagement by the personal representative. The court may waive the bond if the will specifically states so or if all heirs agree.
9. Can a house be sold before probate ends?
Yes. As long as the personal representative has issued letters and court approval (sometimes confirmation), the property can be listed and sold during probate.
10. What happens if the family disagrees during probate?
Disputes may require mediation or court intervention, which can delay the process. The judge has the final decision on contested matters.
