Detailed Answer

Short overview: In California, when a person dies without a valid will (intestate), the superior court in the county where the decedent lived appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute property according to California’s intestacy rules. The process generally requires filing a petition with the probate court, giving notice to heirs and creditors, and obtaining “letters” that authorize you to act for the estate.

Who can ask the court to be appointed?

The court gives priority to certain people. Typically the order is: surviving spouse or registered domestic partner, then children (or their descendants), then parents, then siblings, and then more distant relatives. If you are one of these relatives you can file the petition asking to be appointed. If multiple people in the same priority class seek appointment, the court generally prefers the person most suitable to serve (for example, a surviving spouse over an adult child).

Where to start

1. Identify the correct court. File your petition in the California Superior Court of the county where your mother lived at the time of death. Use the court’s probate department.
2. Gather documents. Typical items you will need: death certificate; list of assets and their estimated values (bank accounts, real property, retirement accounts, life insurance benefits, vehicles); a list of known creditors; contact information for heirs and next of kin; and your photo ID.
3. Choose the right procedure. Most estates go through formal probate (appointment of a personal representative). If the estate is small, a simplified collection process or small estate affidavit may be available to transfer some assets without full probate. Check the court’s self-help pages to see if you qualify for simplified procedures.

Primary steps to apply to serve as administrator

1. Prepare and file a Petition for Probate asking the court to appoint you as personal representative (administrator) of the estate. The petition identifies the decedent, lists heirs, describes assets, and explains why you should be appointed.
2. File required court forms and pay fees. Courts require specific probate forms (the Judicial Council has standard forms) and a filing fee. Check your county court’s probate webpage for local rules and fee waivers if you cannot afford fees.
3. Serve notice to interested persons. Once you file, the court requires notice be given to heirs, creditors, and other interested parties so they have an opportunity to object.
4. Attend the hearing (if one is required). Many probate petitions are uncontested and proceed after the notice period. If someone contests your petition (for example, claiming priority), the court will hear arguments and decide who should serve.
5. Post a bond if required. The court may require an administration bond to protect estate creditors and beneficiaries. Some heirs can waive the bond if they all agree.
6. Obtain Letters of Administration. When the court appoints you, it issues Letters of Administration (or Letters Testamentary when there is a will). These written letters give you authority to collect assets, cash accounts, sell property if necessary, and represent the estate to third parties.
7. Administer the estate. Collect and secure assets, notify and pay creditors, file any necessary tax returns, prepare inventories and accountings if required by the court, and distribute assets to heirs under California intestacy rules.
8. Close the estate. After administration is complete, file final accounts and a petition for distribution or a final report so the court can discharge you as personal representative.

Documents and forms commonly used

• Judicial Council probate forms (petition for probate, notice forms, inventory and appraisal, receipts and releases). See the Judicial Council and California Courts forms pages at https://www.courts.ca.gov/forms.htm.
• Death certificate (official certified copy).
• Asset and creditor lists and account statements.
• Any family information that shows names, addresses, and relationships of heirs.

Timing and typical timeline

Time from filing to appointment often ranges from a few weeks to a few months for uncontested matters. Administration of an estate can take several months to more than a year depending on assets, creditor claims, tax matters, sale of real property, and whether disputes arise.

Costs and bonds

You will be responsible for filing fees, possible publication costs if notice must be published, appraisal fees, bond premiums (if a bond is ordered and not waived), attorney fees if you hire counsel, and miscellaneous costs. The court may allow reasonable fees for attorney and for the personal representative from estate funds.

When you might not need formal probate

• Small estate procedures or affidavits: California law includes streamlined methods to collect some assets when the estate value is below statutory thresholds or when accounts are payable on death to a named beneficiary.
• Assets held jointly or with beneficiary designations (payable-on-death accounts, life insurance, retirement plan benefits) typically pass outside probate to the named survivor or beneficiary.

Check the California Courts self-help pages to see if these alternatives apply: https://www.courts.ca.gov/selfhelp-probate.htm.

Authoritative resources

• California Courts — Probate and estate administration self-help: https://www.courts.ca.gov/selfhelp-probate.htm
• California legislative information (search the California Probate Code): https://leginfo.legislature.ca.gov/faces/codes.xhtml
• Judicial Council forms (probate forms and instructions): https://www.courts.ca.gov/forms.htm

Practical examples (hypothetical)

Example 1 — Uncomplicated appointment: You are the surviving adult child, your mother had modest bank accounts and no real property, no creditor claims are known, and no one objects. You file the petition, give notice, the court appoints you within weeks, you collect the bank accounts using Letters of Administration, pay allowed debts, and distribute the remainder to heirs.

Example 2 — Small estate alternative: Your mother’s only assets were a single bank account under the small-amount threshold and a vehicle. You may be able to use the small estate affidavit or creditor’s claim process to collect those assets without full probate. Check court self-help or speak with the clerk.

When to consult an attorney

Consider getting legal advice if the estate has: real property, disputes among heirs, substantial debt, unresolved tax issues, unusual assets (business interests), creditors asserting claims, or if you anticipate contests to your appointment. An attorney can help with filings, bond issues, and complex distributions.

Helpful Hints

• Contact the probate court clerk early to get local procedures and form checklists; local courts sometimes have helpful handouts and self-help centers.
• Obtain several certified death certificates; banks and other institutions typically require certified copies.
• Create a clear inventory of assets and keep records and receipts of all estate transactions.
• Tell heirs and potential interested persons about your plan to petition—open communication reduces the chance of objections.
• If you expect any beneficiary to waive a bond, use a written waiver form to present to the court.
• Check whether any assets already pass outside probate (joint accounts, POD, TOD, life insurance with named beneficiary) before filing—probate may not be required for those items.
• Be mindful of creditor notice requirements and deadlines so claims are not overlooked.
• If you can’t afford an attorney, look into the court’s self-help resources or local legal aid organizations that handle probate matters.

Disclaimer: This article explains general California probate procedures for informational purposes only and is not legal advice. Laws change and facts vary. For advice specific to your situation, consult a licensed California attorney or contact your county probate court’s self-help center.