Probate in California can feel overwhelming at first, but it’s really just a court-supervised process for settling someone’s estate. If you’re facing it, you probably wonder what actually happens and how long it takes.
Start by filing a petition
The probate process starts with filing a petition in the Superior Court of the county where the person lived. This asks the court to appoint a personal representative, either named in a will or chosen by the court. Once the court approves, it issues documents called “Letters Testamentary” or “Letters of Administration” to give that person authority to manage the estate.
Notify heirs and handle the estate
After the court appointment, the personal representative must notify all beneficiaries and legal heirs. Creditors also receive notice so they can file claims. The estate’s assets—like real estate, bank accounts, and investments—get inventoried and appraised. That information is filed with the court in an Inventory and Appraisal form.
Managing the estate can include selling property, settling debts, and keeping records of all financial activity. California law requires this step to be handled carefully and in good faith.
Pay debts and distribute assets
During probate, you must settle all debts and taxes before giving any property to heirs. That includes funeral expenses, final bills, and any taxes owed. After paying those, you file a final report with the court. If everything checks out, you can start distributing assets based on the will, or follow California laws if no will exists.
Close the estate
When you’ve done everything properly, the court closes the case. That ends your role as the personal representative. Most estates take 9 to 18 months to close, but timelines depend on the size and complexity of what you’re managing.