The California Probate Process: A Step-by-Step Guide

California Probate Process: An Overview

The checklist below may seem overwhelming; however, when you enlist the professional, non-attorney services of A People’s Choice, we take care of everything! In fact, all our clients have to do is attend the necessary court hearings – which can sometimes be done over the phone! This makes the California probate process simple, easy and stress free.

Ultimately, California probate can be broken down into three separate phases. Phase one encompasses gathering information, preparing the initial paperwork, and attending the hearing on the petition. Then, phase two involves itemizing and inventorying property, reviewing and paying creditor claims, and filing tax returns. Finally, phase three deals with closing the estate and distributing the assets to the beneficiaries.

Once everything has been successfully completed, the court’s last step is formally releasing the appointed representative of their duties and responsibilities in the probate proceedings.

Please refer to the following California probate step-by-step guide for specific details of each phase of the probate process:

California Probate Step-by-Step Guide For The Self-Represented

PHASE 1

1. Locate decedent’s will or trust, if there is one
2. Prepare complete address list of all named executors, trustees, beneficiaries, and heirs
3. Check local rules in the court where the probate is to be filed for special forms required in the probate proceedings
4. Determine appropriate legal newspaper for the statutory publication
5. Prepare and file probate petition
6. Arrange for publication of notice to creditors in local newspaper
7. Send notice of hearing to all interested parties
8. Review probate notes at least a week before the hearing on probate
9. Prepare and file any necessary supplements to address comments in probate notes
10. Attend hearing on probate
11. Obtain and file probate bond, if necessary (bond requirement may be waived with full cooperation of beneficiaries and proper request)
12. File and get 2-3 certified copies of letters authorizing executor (if there is a will) or administrator (if no will) to act on behalf of estate
13. Obtain conformed copy of order of probate

PHASE 2

1. Notice all known creditors
2. File statement of death of real property owner BOE 502-D with county assessor
3. Request assignment of probate referee (if not automatically done by the court)
4. Contact probate referee to complete inventory and appraisal
5. File inventory and appraisal.
6. Wait creditor period (unless otherwise ordered by the court, creditors have 4 months after issuance of letters within which to file claims against the estate.)
7. Accept and/or reject claims and pay creditors
8. File any required tax returns

PHASE 3

1. Obtain waivers of final account from all beneficiaries
2. File petition for final distribution and order (earliest is 4 months after date letters are issued)
3. Review probate notes at least a week before hearing on petition for final distribution
4. Prepare and file any necessary supplements to address comments in probate notes
5. Attend hearing on petition for final distribution
6. Distribute assets to beneficiaries and get signed receipts
7. Record order of distribution in county where all real property of the estate is located
8. File signed beneficiary receipts with court
9. File ex parte discharge of executor or administrator

The Most Important Step: Contact A People’s Choice

The most important step you can take when navigating the probate process in California without an attorney is contacting A People’s Choice.

Understanding the steps necessary to complete a California probate is extremely important when handling a probate proceeding without an attorney. Luckily, we have written numerous blog posts about how to file California probate.

A People’s Choice is an inexpensive alternative to administer a California estate. Don’t spend unnecessary money hiring a probate attorney when, with a little help from A People’s Choice, you can successfully complete this process on your own. Call 800-747-2780 and speak with one of our experienced staff for more information about how we can help you.