Probate is the court process for passing on a person's property when it was not held in a trust or left to a named beneficiary. It is manageable with the right guidance and a clear calendar.
What a California probate involves
Petition and hearing
A petition is filed with the Sacramento County Superior Court asking to appoint an executor or administrator. Notice goes to heirs and is published.
Letters and inventory
Once appointed, the representative receives Letters, gathers assets, and has them appraised by a court appointed referee.
Creditors and taxes
Creditors are notified and paid from the estate. Final income tax returns are filed.
Distribution
The court approves the final accounting and the remaining property passes to the heirs or beneficiaries.
When full probate is not needed
We always check whether a faster option applies before recommending a full probate.
Small estate affidavit
If the probate estate is at or under this amount, heirs can often collect assets by affidavit 40 days after the death, without court.
Primary home petition
A California primary residence worth up to this amount may pass through a simpler court petition instead of full probate.
Small real property affidavit
Lower value real estate can sometimes transfer by affidavit filed with the court six months after the death.
Limits apply to deaths on or after April 1, 2025, and adjust every three years. Whether a shortcut fits depends on how each asset was titled. We will confirm what applies to you.
Signs you need help now
Some situations have deadlines or risks that make early advice worth it.
- A house is sitting empty or a mortgage is going unpaid
- There is no will, or the will cannot be found
- A family member disagrees about who should be in charge
- You received a letter from a creditor, the IRS, or the court
- Property is in more than one state
- You were named executor and are not sure where to begin
Not sure if you need probate?
Send us the basics. We will tell you whether probate applies or a simpler path is available.
