How to Open a California Probate Estate so You Can Pursue a Claim on Behalf of a Deceased Spouse

Disclaimer: I am not a lawyer. This article explains general California probate procedures and how probate interacts with pursuing a claim. It is educational only and not legal advice. For case-specific guidance, consult a California probate or wrongful-death/claims attorney.

Detailed Answer

If you need legal authority to file a claim on behalf of a deceased spouse (for example, a claim arising from exposure at Camp Lejeune), you will usually need to be the decedent’s personal representative (executor or administrator) or otherwise have legal standing under California law. Probate is the normal court process that appoints that personal representative and gives that person the power to act for the estate.

Below is a clear, practical overview of the California probate steps most people follow, with notes about alternatives that can avoid formal probate in some cases.

1. Decide whether probate is required.

   Not every estate must go through formal probate. California offers small-estate procedures and simplified collections for some property. If the estate’s total value is below the statutory small-estate limits, you may be able to collect assets or obtain a summary distribution without full probate. See the California Probate Code for small-estate affidavit rules (Probate Code §13100 and related sections): Probate Code §13100. Also review the California Courts’ probate self-help resources: California Courts — Probate Help.

2. Locate the will and important documents.

   If the decedent left a will, the named executor should generally file it with the local Superior Court (probate court) in the county where the decedent lived. If no will exists, a qualified heir (spouse, adult child, etc.) may petition to be appointed administrator.

3. File a petition for probate in the proper county.

   File a Petition for Probate (if there is a will) or Petition for Letters of Administration (if no will) in the Superior Court of the county where the decedent was domiciled at death, or where property is located if that’s the controlling jurisdiction. The petition asks the court to appoint a personal representative and to issue Letters (letters testamentary or letters of administration) authorizing that person to manage estate affairs, including pursuing estate claims.

4. Give notice and allow time for objections and creditors.

   California law requires formal notice to heirs, beneficiaries, and certain creditors. The court sets a schedule. Creditors get a window to file claims against the estate. A properly appointed personal representative must follow creditor-claims rules before distributing assets.

5. Receive Letters and act as personal representative.

   After the court appoints you and issues Letters, you gain the authority to handle estate business. That authority typically includes filing lawsuits on behalf of the estate (including survival claims) and pursuing claims for the decedent’s injuries or wrongful death—subject to applicable law and time limits.

6. File the claim or lawsuit.

   With Letters in hand, you or your attorney can file the claim or lawsuit. For Camp Lejeune–type claims (federal claims for injuries or deaths linked to contaminated water), you will need to confirm the correct legal vehicle (survival action, wrongful death action, or a statutory claim available under federal law) and any applicable filing windows. A probate appointment typically gives you the needed legal standing to bring estate-based causes of action.

7. Inventory, account, resolve creditor claims, and close probate.

   While pursuing a claim, the personal representative remains responsible for ordinary probate duties: inventorying assets, accounting to heirs, responding to creditor claims, and distributing the estate according to the will or intestacy rules once debts and administrative costs are paid.

Useful California resources:

• California Courts — Probate Self-Help (court forms, local rules, and how to start probate)
• California Probate Code (search and read the statute sections)
• Judicial Council of California — Probate Forms (forms you will likely need to file)

Practical Notes About a Claim Like a Camp Lejeune Claim

– To file a survival claim or to pursue damages arising from a spouse’s injury or death, a court-appointed personal representative usually must bring the claim for the estate.

– If the decedent’s assets are small and a small-estate affidavit applies, you may be able to avoid formal probate and still take possession of certain assets—but some courts and defendants require formal Letters for complex claims, so confirm with the claims attorney.

– Federal claims or claims against federal entities may have special procedural requirements or limited filing windows. Start the probate process promptly so you can obtain authority to act and preserve any claim deadlines.

Helpful Hints

• Act quickly. Probate and claim deadlines can interact; obtaining Letters early avoids later standing problems.
• Gather the death certificate, the decedent’s will (if any), bank statements, deeds, and any records of military service or exposure relevant to the Camp Lejeune claim.
• Check whether the estate qualifies for California’s small-estate procedures (Probate Code §13100 and following sections).
• Use the Judicial Council probate forms as your starting point for petitions and notices: California probate forms.
• Talk to an attorney who handles both California probate and Camp Lejeune claims (or related federal toxic-exposure claims). They can coordinate probate filing and substantive claim filing to avoid mistakes and to meet filing windows.
• If the decedent lived outside California but owned California real property, you may need probate or ancillary proceedings in the county where the property sits.
• Keep a clear paper trail: certified Letters from the court, proof of service to heirs and creditors, inventories, and court orders will be crucial when hiring counsel or negotiating with defendants.

If you want, tell me whether the decedent lived in California, the rough size of the estate, and whether there’s a will. I can then describe specific probate forms and likely timelines for your situation.