How Do You Start Probate in California?

Probate in California generally begins by filing a petition with the probate court in the county where the deceased person lived. The court reviews the petition and, if approved, appoints the appropriate person to act on behalf of the estate—typically the executor named in a valid will or an administrator when there is no will.

That court appointment is only the beginning. Notices, creditor issues, estate assets, additional filings, and eventual distributions must still be addressed before probate can be completed.

Where Do You File Probate in California?

A probate proceeding is generally opened in the appropriate probate court in the California county where the deceased person resided.

The petition provides the court with information needed to begin the estate administration and request appointment of the person who will be legally authorized to act for the estate.

Who Starts the Probate Process?

The appropriate person files the probate petition asking the court to formally open the estate.

If the deceased person left a will naming an executor, that individual may seek appointment as executor. If there is no will, the court may appoint an administrator to perform the duties necessary to settle the estate.

Until the appropriate legal authority has been established, family members should be cautious about making significant decisions involving estate property.

What Happens After the Probate Petition Is Filed?

Once the probate process has begun, additional legal and administrative steps typically follow.

These may include:

• Providing required notices to heirs and beneficiaries
• Addressing creditor claims
• Identifying and managing estate assets
• Completing additional court filings
• Handling applicable expenses and tax matters
• Eventually distributing the remaining estate property

The firm's overview of how to get started with California probate provides additional information about the process.

How Long Does California Probate Take?

Probate is not generally an immediate process. Depending on the circumstances, an estate can take many months or sometimes longer to complete.

Required court procedures, creditor issues, property sales, disputes, tax matters, missing information, and other complications can all affect the timeline.

Proper preparation at the beginning of a probate can help reduce avoidable procedural problems and unnecessary delays later.

Does Every Estate Have to Go Through Probate?

No. Whether probate is required depends on the assets involved, how those assets were legally owned, beneficiary designations, and whether the deceased person had a properly funded living trust or another means of transferring property outside probate.

This is why one of the first tasks after a death is determining which assets are actually probate assets.

Learn more about probate and non-probate assets in California.

What If the Person Had a Living Trust?

Assets properly held in a living trust can generally be administered through the trust rather than through a full probate proceeding.

However, an estate can sometimes involve both trust administration and probate, particularly when assets were not properly titled or coordinated with the deceased person's estate plan.

An attorney can help determine whether the matter falls under California probate, trust administration, or a combination of the two.

What Should an Executor Do During the First 30 Days?

The beginning of an estate administration can be particularly important. Before making distributions, selling property, or taking other significant actions, the executor should understand what property exists, what legal authority has been granted, and which responsibilities and deadlines may apply.

Kavesh, Minor & Otis offers a free California Probate Executor Checklist for the first 30 days to help newly appointed or prospective executors understand the early steps.

Get Help Starting a California Probate

Probate involves much more than filing the first petition. The person administering the estate may assume significant legal, financial, and procedural responsibilities that continue until the estate is properly closed.

Kavesh, Minor & Otis helps families navigate probate in California from the initial filing through the administration and distribution of estate assets.