California Probate Filing Checklist Written By Sandra McCarthy Founder, A People’s Choice Fact Checked California law requires the estate’s personal representative finish California probate within a year to 18 months. However, if someone contests the will, or if other complications arise, full probate can take years. Therefore, to help simplify this daunting process, we’ve provided a checklist for filing probate in California. What is Probate? When a person dies with or without a will, the legal process of California probate facilitates the transfer of property to the person’s beneficiaries and heirs and pays debts owed by the deceased. In some cases, depending on the size and worth of the deceased’s estate, full probate is not necessary, and the heirs can use simplified California probate procedures. Furthermore, if the decedent has no property to transfer, they will not require a probate. However, a full probate, when required, is a lengthy, complicated process. More specifically, a non-community estate worth over $166,250 (if death was before April 1, 2022) OR $184,500 (for deaths on or after April 1, 2022) will require a full probate. If you are an elected representative of a deceased relative or friend, use our checklist for help filing a full probate on their behalf. Checklist for Filing Probate in California File the will with the court within 30 days of death If you’re named in the will, the court will confirm your identity and issue documents authorizing you as a personal representative of the decedent. Initiate the probate petition If the deceased’s property must pass through full probate, the real first step is filing a petition for probate. This form is provided by California courts and filed in the county where the deceased died or owned real property. Keep in mind, the court may require additional forms depending on the particular situation. Set a hearing date After you file the petition, the court clerk will set a hearing date for the case. Then, someone will need to send notice of the hearing to all possible beneficiaries of the estate. Any adult not a party to the case can send this notice. Gather assets and file an inventory and appraisal form Notify the creditors by sending them the notice of administration to creditors form before paying any outstanding debts. Once this step is complete, the probate court will determine who receives the remaining property. Distribute the assets Confirm any sales of real estate and file taxes If you sell any real estate, you must file a report of sale and petition for order confirming sale of real property with the court. Additionally, you must prepare and file an estate tax return if the estate earned any income. Then, you should prepare a final income tax return for the deceased. File a final plan and accounting After filing taxes, you must file a final plan and accounting with the court. This plan will lay out how you handled the estate as a representative. If the court is satisfied that you correctly carried out your duties, they will release you from all obligations. Get help with your California probate documents today! A People’s Choice can save you hundreds of dollars by preparing your probate legal documents instead of an expensive attorney! Get Started with California Probate!Simplified Probate in California California estates with assets worth $166,250 or less may be settled without formal probate proceedings, using Simplified Probate procedures. Low-Cost Help to File Probate in California Attorney’s fees in a probate proceeding can be very high and are tied to a percentage of the estate. To determine the statutory probate attorney fees in a particular estate, use our online probate calculator. However, if no one is contesting the will and no other complications arise, you can safely file for probate on your own. That said, if you find this checklist and its details confusing and want help without hiring an expensive attorney, contact A People’s Choice for low-cost legal document help. Although we cannot give legal advice, A People’s Choice can prepare the required documentation and help in completing all the steps for filing probate in California, saving you thousands of dollars in statutory attorneys fees in the process. If you or an heir need more information about California probate, do not hesitate to call our office. A People’s Choice has been providing probate services for over 35 years and has established an excellent reputation in the community. When you are ready to get started, you can provide us with information for your paperwork in several ways, such as through our convenient online system, over the phone, by completing a written worksheet, or in person. Keep in mind that we process probate filings in every probate court in California. Call 800-747-2780 and learn how we can save you thousands of dollars completing your probate instead of using an attorney. How to File Probate in Each California CountyFile Probate in Alameda County Probate Court File Probate in Alpine County File Probate in Amador County Probate Court File Probate in Butte County Probate Court File Probate in Calaveras County Probate Court File Probate in Colusa County Probate Court File Probate in Contra Costa County Probate Court File Probate in Del Norte County Probate Court File Probate in El Dorado County Probate Court File Probate in Fresno County Probate Court File Probate in Glenn County Probate Court File Probate in Humboldt County Probate Court File Probate in Imperial County Probate Court File Probate in Inyo County Probate Court File Probate in Kern County Probate Court File Probate in Kings County Probate Court File Probate in Lake County File Probate in Lassen County File Probate in Los Angeles County Probate Court File Probate in Madera County Probate Court File Probate in Marin County Probate Court File Probate in Mariposa County File Probate in Mendocino County File Probate in Merced County Probate Court File Probate in Modoc County Probate Court File Probate in Mono County Probate Court File Probate in Monterey County Probate Court File Probate in Napa County Probate Court File Probate in Nevada County Probate Court File Probate in Orange County Probate Court File Probate in Placer County Probate Court File Probate in Plumas County Probate Court File Probate in Riverside County Probate Court File Probate in Sacramento County Probate Court File Probate in San Benito County Probate Court File Probate in San Bernardino County Probate Court File Probate in San Diego County Probate Court File Probate in San Francisco Probate Court File Probate in San Joaquin County Probate Court File Probate in San Luis Obispo County Probate Court File Probate in San Mateo County Probate Court File Probate in Santa Barbara County Probate Court File Probate in Santa Clara County Probate Court File Probate in Santa Cruz County Probate Court File Probate in Shasta County Probate Court File Probate in Sierra County Probate Court File Probate in Siskiyou County Probate Court File Probate in Solano County Probate Court File Probate in Sonoma County Probate Court File Probate in Stanislaus County Probate Court File Probate in Sutter County Probate Court File Probate in Tehama County Probate Court File Probate in Trinity County Probate Court File Probate in Tulare County Probate Court File Probate in Tuolumne County Probate Court File Probate in Ventura County Probate Court File Probate in Yolo County Probate Court File Probate in Yuba County Probate Court By Sandra McCarthy|2022-10-19T04:30:15-07:00August 23rd, 2020|Probate|44 Comments