Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.
Probate is the court-supervised process for administering a decedent’s estate. Here’s how an interested party can open probate in California.
Detailed Answer
1. Determine the Appropriate Probate Process
In California, estates with personal property valued at $184,500 or less may qualify for a small estate affidavit under Cal. Prob. Code § 13100 (link). If the estate exceeds this threshold or includes real property, a formal probate case is necessary.
2. File in the Proper County
File your probate petition in the Superior Court of the county where the decedent was domiciled at the time of death. California courts have exclusive jurisdiction under Cal. Prob. Code § 8000 (link).
3. Prepare and File the Petition
Use Judicial Council Form DE-111 (Petition for Probate) to request appointment of a personal representative. Attach the decedent’s death certificate and a copy of the will, if one exists. Interested persons—including heirs, beneficiaries, creditors, and the surviving spouse as defined in Cal. Prob. Code § 48—may file the petition (link). Submit the petition in accordance with Cal. Prob. Code § 8400 (link).
4. Notice and Hearing
After filing, serve the Notice of Petition on all heirs and beneficiaries at least 15 days before the hearing, per Cal. Prob. Code § 8110 (link). The court will set a hearing to confirm the appointment of the personal representative.
5. Appointment of Personal Representative
At the hearing, the court reviews any objections, considers bond requirements under Cal. Prob. Code § 8481 (link), and issues Letters Testamentary (if there’s a valid will) or Letters of Administration (if there’s no will) under Cal. Prob. Code § 9100 (link).
6. Inventory and Accounting
The appointed representative must file an Inventory and Appraisal (Form DE-160) within four months, as required by Cal. Prob. Code § 8800 (link), and provide periodic accountings to interested persons.
Helpful Hints
- Review joint tenancy and beneficiary designations; some assets pass outside probate.
- Consider the small estate affidavit for quick transfers of personal property.
- Use fee waiver forms (e.g., Form FW-001) if you cannot afford court fees.
- Keep proof of service and filed documents organized for each step.
- Check local court websites or consult the probate clerk for county-specific rules.