What Is Probate?

Probate is the court-supervised legal process used to transfer assets after someone dies when those assets are not held in a living trust or otherwise structured to avoid probate. The process typically involves validating the will, appointing an executor or administrator, identifying and valuing assets, paying debts and taxes, and distributing the remaining estate to heirs or beneficiaries.

In California, probate can become time-consuming and expensive because attorney and executor fees are based on the gross value of the estate rather than the net equity after mortgages or liabilities. Probate proceedings are also public, meaning financial and family information filed with the court may become accessible to others.