Table of Contents
If you are handling a loved one’s estate, it is perfectly normal and expected to have questions about how probate works in California. At Jones Legal in Riverside, California, we often hear from clients who are overwhelmed by the probate process and unsure where to begin.
To help, we have compiled answers to some of the most commonly asked California probate FAQs, including how the probate court works and what steps are involved.
Whether you are just starting out or already in the middle of probate, our Southern California probate lawyers can help guide you through each stage. For compassionate guidance and personalized support, call Jones Legal at (951) 742-7213 or contact us online today.
Commonly Asked Questions and Answers From a Riverside Probate Attorney
What is Probate in California?
To put it simply, probate is the legal process of handling a decedent’s estate after their death. The truth is, however, that probate is often anything but simple.
The California Probate Code outlines the rules governing the probate process in California. This includes filing the appropriate paperwork with the probate court, notifying death beneficiaries, and managing or distributing the assets held in the deceased person’s name.
Probate ensures that debts are paid and any remaining property is transferred legally to heirs or beneficiaries. The court process can take several months, depending on the complexity of the estate. Probate costs, including court fees, attorney fees, and executor compensation, can add up quickly.
The process begins after the decedent’s death and generally concludes when the court approves the final distribution of the estate.
How Does Probate Work in California?
Once a petition is filed with the probate court, a hearing date is scheduled, and the court appoints a personal representative, often a surviving spouse or close family member, to handle the estate. This representative is responsible for locating and valuing all probate assets, such as bank accounts, vehicles, and real property that were solely in the decedent’s name. Assets held in joint tenancy or with named beneficiaries usually bypass probate.
The personal representative will need to obtain a death certificate, notify creditors and any relevant insurance company, and may also work with a probate referee to appraise certain assets. The probate case is typically filed in the county where the decedent resided at the time of death. Throughout the process, the personal representative must report back to the court and follow specific legal steps to complete the estate administration.
Does the State of California Require Probate?
The state of California requires probate proceedings to occur if the decedent owned assets solely in their name at the time of death. These assets must go through the probate court unless they were held in joint tenancy, had a named beneficiary, did not meet the qualifications for a “small estate,” or were otherwise designated to transfer directly to another living owner.
If probate is required, the court will appoint a personal representative, typically a surviving spouse or a close family member, to manage and distribute the estate in accordance with the law. This process helps ensure that all debts are paid and that the remaining assets are properly transferred to the rightful heirs or beneficiaries.
How Long Do You Have to File Probate After Death in California?
In California, there is no strict deadline for when you must file probate, but typically, you should file within 30 days. It’s important to begin the process as soon as possible after the decedent died to avoid delays and potential complications. In probate matters, the probate court expects the personal representative to act promptly to transfer property, pay debts, and distribute assets.
Waiting too long can lead to personal liability for the representative, especially if taxes go unpaid or beneficiaries are harmed by the delay. The process begins by filing a petition with the court and submitting the death certificate. However, assets held in joint tenancy typically avoid probate altogether, as they pass automatically to the surviving owner.
What is Summary Probate?
A summary probate proceeding is a simplified version of the full probate process, created specifically for smaller estates. It enables families to settle the estate more efficiently and with fewer court requirements. By using this streamlined option, those involved can often save significant time, reduce legal expenses, and avoid much of the stress and emotional strain that typically comes with a traditional probate case.
What are the Qualifications for a Small Estate in California?
To qualify for a small estate procedure in California, the total value of the decedent’s assets must fall below a certain limit, based on their fair market value. As of April 2025, if the estate has real property valued at less than $750,500, it may qualify for a simplified probate process. This can vary slightly by California county, especially when calculating certain types of assets, such as retirement accounts or jointly owned property. A personal representative must still prepare the necessary documents and ensure that the estate meets all legal requirements to proceed without formal probate.
How Much is Probate in California?
The cost of probate in California can vary widely depending on the size and complexity of the estate. A personal representative is entitled to compensation, and attorney fees are typically based on a percentage of the estate’s value. Additional costs may include court filing fees, appraisals, and other administrative expenses. However, assets held in joint tenancy or with named beneficiaries often avoid probate altogether, which can significantly reduce the overall cost.
Utilizing estate planning tools to avoid probate can help families retain a greater portion of the estate’s value.
What is an Executor?
An executor, also known as a personal representative, is appointed by the court by a “Letters Testamentary” or named in a will and is responsible for managing all estate matters after someone passes away. Under California rules and state law, the executor must handle a range of duties, including paying the decedent’s debts, appraising assets, and settling any outstanding debts before making a final distribution to beneficiaries.
However, if the deceased had a revocable living trust, the executor’s role may be limited or unnecessary since many assets in a trust can be distributed without going through probate. This process requires court approval and must follow specific legal procedures, which is why having a skilled probate and estate planning attorney in California is so important.
Can an Executor Decide Who Gets What?
An executor does not have the authority to decide who receives what from the decedent’s property randomly. Instead, their role is to carry out the wishes expressed in the will or, if there is no will, follow the California probate process and state laws regarding inheritance. If the deceased named designated beneficiaries, such as for brokerage accounts or life insurance policies, those assets pass directly to the listed individuals and do not go through probate.
When there is no will, the court typically distributes the estate to the decedent’s spouse, children, or the decedent’s closest relatives, following a set legal order. Throughout this process, attorney and executor fees are usually paid from the estate before any distributions are made.
How Long Does the Executor Have to Pay the Beneficiaries?
There is no specific deadline in California for when an executor must distribute the estate, but they are expected to act within a reasonable timeframe. This includes settling debts, managing assets, and obtaining court approval before making distributions to beneficiaries.
In many cases, this can take several months to over a year, depending on the size and complexity of the estate. A surviving spouse may be entitled to receive certain assets sooner, especially if those assets were held jointly or qualify for a spousal property petition, which can bypass formal probate.
Can an Executor of a Will Be a Beneficiary?
Yes, it is very common for a personal representative or executor to also be a beneficiary of the will. In fact, many people name a trusted family member, such as a child or surviving spouse, to serve as both. As long as the executor acts in good faith and follows all legal duties, being a beneficiary does not create a conflict of interest. However, they must still administer the estate fairly and in accordance with the law, ensuring that all heirs receive their rightful share.
Who is the Next of Kin When Someone Dies Without a Will in California?
Every state has different intestacy laws, and probate attorneys make sure that these laws are properly followed. In California, if a person dies with:
- Children but no husband or wife, then the children inherit the estate.
- A spouse but no parents, siblings, children, then the spouse will inherit the estate.
- Parents but no siblings, spouse, or children, then the parents will inherit the estate.
- Siblings but no parents, spouse, or children, then the siblings will inherit the estate.
- A spouse and one grandchild or child, then the spouse will inherit all of the community property but only half of the separate property.
- Multiple children and a spouse, then the spouse will inherit all community property and a third of the separate property. Meanwhile, the children will inherit two-thirds of the separate property.
- Multiple grandchildren from a deceased child and a spouse, then the spouse will inherit a third of the community property and the grandchildren will inherit two-thirds of the separate property.
- Parents and a spouse, then the spouse will inherit all community property and half of the separate property.
- Siblings and a spouse, then the spouse will inherit all community property and half of the separate property. Meanwhile, the siblings will inherit the other half of the separate property.
- Can Someone Contest a Will if They Are Not in It?
Under California law, someone who is not named in the will may still contest it if they believe they were wrongly excluded. For example, a person may argue that the decedent was unduly influenced or lacked mental capacity when the will was created.
To start the challenge, they must file a probate petition with the court and provide valid legal grounds. This can impact the distribution of personal property, estate assets, and even life insurance policies in certain cases. In some situations, especially involving a spousal property petition, a surviving spouse may have additional rights under the California Probate Code, even if they were left out of the will.
Does a Will Avoid Probate?
Having a will does not automatically avoid probate in California. In most cases, the will must still go through the probate process, which the probate court oversees. The California Probate Code outlines the steps required to validate the will, appoint a personal representative, and distribute the assets.
This formal probate process is required unless the estate qualifies for a simplified procedure or the assets are held in a way that bypasses probate, such as joint ownership or named beneficiaries. Ultimately, a will helps guide the California court on how to divide the estate, but it does not eliminate the need for probate entirely.
What Does it Mean to Probate a Will?
To probate a will means to legally validate the document through the superior court and begin the formal administration of the decedent’s estate. This process, guided by the Probate Code, involves appointing a personal representative (usually named in the will), locating and valuing all assets, including real property, and settling any outstanding debts or estate taxes. In many cases, a probate referee is appointed to assist in appraising the value of specific assets. Once everything is accounted for and approved by the court, the remaining estate is distributed to the rightful beneficiaries in accordance with the terms of the will.
What if the Executor Doesn’t Probate the Will?
If you fail to probate a will within 30 days in California, you risk giving up your right to serve as executor of your loved one’s estate. For California estates, this delay can cause serious complications. The decedent’s estate will remain in the deceased person’s name, meaning you won’t have legal authority to access bank accounts, sell property, or distribute assets to the decedent’s heirs. Without probate, you will also be unable to settle any taxes owed or manage ongoing expenses. For estates valued above the small estate threshold, the financial burden can escalate rapidly, leading to unnecessary hardship for all parties involved.
How Long Does it Take to Receive Inheritance From a Will?
The time it takes to receive an inheritance from a will in California depends on several factors, including the size of the estate and how soon after the decedent died the probate process begins. After the will is filed, the court clerk schedules a hearing to appoint a personal representative. From there, the estate must undergo multiple steps, including asset collection, debt payments, and court approvals.
Generally, it can take anywhere from six months to over a year for beneficiaries to receive their inheritance, especially if the estate is large or is subject to a contested will.
How Long Does it Take to Settle an Estate With a Will?
Settling an estate in California typically takes several months to a year or more, depending on the complexity of the case. The California probate court oversees the process, which includes validating the will, appointing a personal representative, and ensuring all legal and financial responsibilities are handled.
Working with a probate lawyer can help streamline this process by ensuring all documents are filed correctly, deadlines are met, and the estate is administered according to California law. Any delays in locating beneficiaries, resolving disputes, or dealing with creditors can extend the timeline.
What is a Probate Attorney?
A probate attorney is a legal professional who focuses on probate law and helps families navigate the legal process of managing a deceased person’s estate. In California, these attorneys, such as Attorney Jennifer Jones, frequently assist with filing petitions, advising executors, and resolving any legal issues that may arise during the probate process. They may also offer guidance in California estate planning, helping individuals avoid probate altogether through tools like trusts and beneficiary designations.
At Jones Legal, our Riverside probate attorneys offer compassionate and knowledgeable support to clients throughout every stage of the probate process. Whether you are planning your estate or handling one for a loved one, Jones Legal ensures everything is done in accordance with the law.
Do I Need a Probate Attorney in California?
While it’s not legally required to hire a probate attorney in California, doing so can make a major difference, especially if the estate is large, complex, or contested. A probate attorney can guide you through the required court filings, deadlines, and legal responsibilities, helping you avoid mistakes that could delay the process or result in personal liability.
If you are unsure about your duties as a personal representative or are facing disagreements among beneficiaries, an experienced attorney like Jennifer Jones at Jones Legal can help protect your interests and make sure the estate is handled properly.
How To Avoid Probate in California
There are several ways to avoid probate in California, and many of them involve proper estate planning in advance. Some common tools include setting up a revocable living trust, naming beneficiaries on accounts like life insurance and retirement funds, and holding property in joint tenancy.
These strategies enable assets to be transferred directly to heirs without requiring probate court involvement. Working with a Riverside estate planning attorney like Jennifer Jones can help ensure your plan is legally sound and structured to minimize delays and expenses for your loved ones.
Questions To Ask a Probate Attorney
Before hiring a probate attorney, it’s important to ask the right questions to make sure they’re a good fit for you. Some helpful questions include:
- How much experience do you have with probate cases in California?
- What services do you provide throughout the probate process?
- How are your fees structured?
- Can you help with both probate and estate planning?
At Jones Legal, we welcome your questions and provide clear, compassionate guidance to help you understand your options and make informed decisions during challenging times.
Call a Riverside, California Probate Attorney at Jones Legal Today
Navigating probate can be complex, but you do not have to face it alone. At Jones Legal, we provide compassionate and knowledgeable guidance to help you through every step of the process.
Please feel free to contact us today at (951) 742-7213 or reach out online to schedule a complimentary consultation and find out how we can help you.