Probate in California: A 6-Step Process

Grieving a loved one is painful. Unfortunately, the state doesn’t care—they still expect you to complete the daunting probate process within a year of your loved one’s death. But where to start?

1. File the Probate Petition

The first step is to file a request to begin probate with the court.

Fill out form DE-111, which includes nine main sections disclosing the petitioner and decedent’s information, who the heirs and beneficiaries are, and whether the decedent was survived by a spouse.

Additional paperwork to attach to the petition include a certified copy of the death certificate and the original copy of the will, if possible.

Check with your county registrar to see if you can e-file your petition or must file with the superior court in person.

2. Notify Heirs and Creditors

It is the job of the executor (or representative if petitioning intestate) to inform all beneficiaries and creditors once the petition is filed. This is a crucial step; any missed notifications may delay the court’s approval.

All notices to beneficiaries must include the date, time, and location of the hearing, as well as a receipt of delivery. If there is no will, the appointed representative must locate any beneficiaries or find out what happens to the decedent’s estate in the absence of heirs.

The executor must then publish notice of the probate filing in a newspaper to make sure all interested parties are informed. A proof of publication must also be filed with the court.

3. Manage the Estate

Collecting Assets

The executor must document and collect all assets. A court-appointed “California Probate Referee” will also be assigned to value all assets appropriately.

Paying Debts

Any outstanding loans, funeral payments, utilities, and other liabilities must be paid. Some debts may be deferred or canceled, such as mortgage debts, Medicaid benefits, or student loans, while others may be protected from creditors or covered by insurance.

Handling Taxes

All applicable federal and state taxes (income and estate) must be paid. If the estate doesn’t have enough assets to pay for these debts, a declaration of insolvency must be made.

Remember, if the estate isn’t managed correctly, or debts are mishandled, the executor may be held personally liable.

4. File Reports

It is required, in conjunction with step three, to periodically submit reports detailing all activities and progress.

5. Final Distribution

Once all assets have been collected, all debts and taxes paid, and all disputes resolved, it’s time to distribute the remaining assets.

The executor will file a petition for final distribution to the court, which will include the final accounting report and proposed judgement of final distribution. Once approved, the executor will distribute the assets and submit receipts signed by the beneficiaries.

6. Closure

Upon the conclusion of final distribution, the executor will file a petition for final discharge, releasing them of any personal liabilities related to the estate and closing the case.

For assistance in completing your probate, check out our Probate Timeline Checklist and/or call for a consultation.

Tags: beneficiaries, beneficiary, distribution of assets, executor, handling taxes, heirs, managing of assets, paying debts, Probate, probate petition
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