When a loved one passes away, the legal process of settling their estate can feel overwhelming. If the decedent owned property in California that was not held in a trust, probate may be required. This guide walks you through the California probate process as it works in Sacramento Superior Court, so you know what to expect at each stage.
When Is Probate Required?
California law requires probate when a decedent owned real property or personal property valued above the small estate threshold — currently $184,500 (2024, adjusted periodically) — that was titled solely in their name without a beneficiary designation or joint tenancy. Assets held in a revocable living trust, joint tenancy property, assets with named beneficiaries (retirement accounts, life insurance), and payable-on-death bank accounts all pass outside of probate.
If the estate qualifies as a "small estate" (total value under $184,500), California Probate Code Sections 13100-13116 provide simplified procedures — including a small estate affidavit — that avoid formal probate entirely.
Step 1: Filing the Petition for Probate
The process begins when an interested person (typically the person named as executor in the will, or a family member if there is no will) files a Petition for Probate of Will and for Letters Testamentary (if there is a will) or a Petition for Letters of Administration (if there is no will) with Sacramento Superior Court. The petition identifies the decedent, lists known heirs and beneficiaries, and provides an estimate of the estate's value.
The filing fee for a probate petition in California is currently $435, with additional fees for certified copies of court orders.
Step 2: Notice and Hearing
After filing, the petitioner must provide notice in two ways: first, by mailing notice to all known heirs, beneficiaries, and creditors at least 15 days before the hearing; second, by publishing a notice of the petition in a local newspaper of general circulation for three successive weeks. The hearing is typically scheduled 30 to 45 days after filing.
At the hearing, if no objections are raised, the court admits the will to probate (if applicable) and appoints the personal representative (executor or administrator), granting them legal authority through Letters Testamentary or Letters of Administration.
Step 3: Inventory and Appraisal
Within four months of appointment, the personal representative must file an Inventory and Appraisal with the court listing all probate assets and their date-of-death values. Real property and certain other assets must be appraised by a probate referee appointed by the court (Probate Code Section 8902). Cash, publicly traded securities, and certain other assets can be valued by the personal representative directly.
Step 4: Creditor Claims Period
The personal representative must notify known creditors by mail and publish a Notice of Administration in a local newspaper. Creditors then have four months from the date of appointment (or 60 days from the mailing of notice, whichever is later) to file claims against the estate. The personal representative reviews each claim and either approves or rejects it. Rejected claims can be pursued by the creditor through a separate court action.
Step 5: Estate Administration
During administration, the personal representative manages estate assets, pays valid debts and ongoing expenses, files necessary tax returns (including the decedent's final income tax return and, if required, estate tax returns), and maintains detailed records of all transactions. The personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries.
Step 6: Petition for Final Distribution
When all debts are paid and taxes filed, the personal representative files a Petition for Final Distribution and a Final Account with the court. This document details all income received, expenses paid, and the proposed distribution to beneficiaries. The court reviews the accounting, and if satisfied, issues an Order for Final Distribution.
Step 7: Distribution and Closing
After the court approves distribution, the personal representative transfers assets to the designated beneficiaries, obtains receipts, and files a final report with the court. The court then discharges the personal representative, formally closing the probate estate.
Costs and Timeline
California Probate Code Section 10810 sets statutory attorney and personal representative fees based on the estate's gross value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. For a $500,000 estate, statutory fees total approximately $13,000 each for the attorney and personal representative.
The total timeline for a standard probate in Sacramento typically ranges from 12 to 18 months, though contested matters can take significantly longer.
Avoiding Probate
The best way to avoid probate is through advance estate planning. A properly funded revocable living trust holds your assets during your lifetime and distributes them after death without court involvement, saving your family time, money, and the public exposure of probate court records.
If you have questions about the probate process or want to create an estate plan that avoids it, the attorneys at Abrate & Olsen Law Group are here to help. Contact us for a consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Probate procedures and fees may change. Contact an attorney for current advice.