There are several forms and legal steps required to begin the probate process in California as outlined below. However, after reading this article, we recommend supplementing your education with the article How to Fill Out Petition to Probate in California.
Also, consider using the services of A People’s Choice to make the probate process easy and stress-free. See how easy it is to work with us by clicking the button below!
Probate Process in California
The probate process in California takes place after someone dies. Depending on the size of the estate, the process of probating an estate can be surprisingly quick and simple to complete. However, for more substantial estates, the probate procedure may be lengthy and more complicated.
Depending on the type of process, California probate involves:
- proving in court that a will is valid;
- identifying and inventorying the deceased’s property;
- valuing the estate assets;
- paying debts and taxes; and
- distributing the remaining property as the will directs or by state law, without a will.
Appointment of a Personal Representative to Probate the Will
The probate process in California requires the appointment of an estate representative. The estate’s personal representative is a person or entity authorized to probate a will in California. More specifically, the personal representative is usually the named executor of the will or administrator of the estate. However, if the decedent did not have a will, certain persons related to the decedent are entitled to appointment as a personal representative. This entitlement works in the following order:
- Surviving spouse
- Children
- Grandchildren
- Parents
- Siblings
- Grandparents
- Issue of grandparents
File a Petition for Probate
Following the appointment of a personal representative, the probate process in California starts with filing a petition for probate. To file the petition, the personal representative must prepare and submit the following forms:
Petition for Probate (Form DE-111)
Form DE-111 outlines the information that will be presented to the court, such as the name of the petitioner, name of the decedent, date of decedent’s death, the existence of a will, the existence of a testamentary executor, and estimated value of the property of the estate.
Original Will
A will is a legal document executed by a person prior to death. Specifically, a will identifies beneficiaries, or the people that are to receive a person’s property and possessions after death. However, a decedent does not have to have a will for the distribution of their estate assets in a full probate proceeding.
Additionally, if the decedent had a will, but it does not comply with the provisions of California statutes, you need to “prove a will” and prepare and file a Proof of Holographic Instrument (Form DE-135) as well as a Proof of Subscribing Witness (Form DE-131).
Notice of Petition to Administer the Estate (Form DE-121)
This form has two main purposes:
1) To notify the persons entitled about the scheduled probate hearing
The personal representative must provide notice on a person or entity by sending a copy of the petition via first-class mail to their address. Additionally, they must provide notice at least 15 days before the hearing unless otherwise specified by local court rules. Note, individuals requiring notice will vary on a case by case basis, but at a minimum, will always include all persons or entities named in the will.
2) Newspaper publication
In addition to providing all interested parties statutory notice of the probate hearing date, the probate process in California requires publication in a legal newspaper. Specifically, this newspaper must be one of general circulation in the city and/or county where the decedent resided at the time of death or where their property is located. Furthermore, the newspaper publication must occur three times in the legal section of the newspaper.
Upon the successful completion of the publication and service upon a person, Proof of Publication and Proof of Service must be filed with the local court. For more information, reference the statutory requirements of California Probate Code Section 19040.
Duties and Liabilities for Personal Representative (Form DE-147)
This form outlines the personal representative’s duties, including:
- Gathering the decedent’s property
- Notifying creditors and heirs or devisees
- Handling debts and taxes
- Wrapping up the decedent’s final business affairs
- Transferring the decedent’s property to the right persons
- Filing any state or federal government-required documents
- Filing all court-required documents
- Closing the probate upon completion
Order to Probate (Form DE-140)
The judge grants the Order for Probate to start the probate case timeline.
Letters (DE-150)
The Letters of Testamentary serve basically as a “driver’s license” for the administrator of the estate, and are a proof of the personal representative’s authority. Typically, the administrator will submit a certified copy of Letters to a bank or other agency to prove and verify their authority.
How A People’s Choice Can Help
A People’s Choice can help you prepare the required forms to file a petition for probate in California. Before filing the petition, it is important to verify that all questions on the documents have been properly answered and all required attachments included. If a petition contains incomplete information, the hearing date may be postponed, and the entire process may be subject to obstacles and unnecessary delays. By hiring A People’s Choice, you can ensure that your documents will be accurately and completely filled.
File Your Bond
Most California probate courts require personal representatives to file a bond to protect interested persons such as beneficiaries and creditors in the event of any wrongdoing by the representative. The amount of the bond is fixed based on the estimated value of the decedent’s personal and real property. Additionally, a will may waive the bond requirement, or the heirs and devisees named in the will can agree to waive the requirement.
Appear at the Hearing on Petition to Probate
Once you have completed all necessary forms and filed with the court, the probate hearing will take place. A People’s Choice can make sure you are ready for the hearing by preparing all the correct and complete documents. Additionally, we provide all clients with a detailed manual and self-help reference tool which reviews what to expect during the probate process as well as detailed actions to take every step of the way.
California Probate Steps After Initial Probate Hearing
People are often under the misconception that after the first hearing the probate process in California is almost complete. However, this is not the case. In fact, a typical California probate proceeding usually takes between 9 to 12 months to complete. Unfortunately, after the first probate hearing there still are many more steps required to manage the probate process to its final completion. Luckily, A People’s Choice can save you thousands of dollars compared to using an attorney. We will make sure your probate case proceeds effortlessly through these steps to quickly distribute the estate at the conclusion of the case.
My Father died 22 years ago. He opened an employer 401k before his death. At the time he was married to my step Mother who is now deceased. Fidelity who the 401k is set up in notified me I was a beneficiary along with my sister. Fidelity is now telling us because the amount exceeds the small estate definition in New Jersey’ we need to open a probate. His death certificate says his residence at the time of death was in California.. He died 22 years ago and no will us available.. What’s my next step?
Hello,
It depends partially on where his assets are. If they are in New Jersey you can try to file Probate there. But since he lived in California, you may ALSO have to file in California. Some states have different rules for probate. If his assets and his place of residence were in California, then you will just need to file in California. We would be happy to help if you do indeed need to file in California. You can call us at 800-747-2780.
Hello. I’m trying to buy a parcel of raw, vacant land from the widow of the property owner. He passed in 1994. He left her all of his properties in his will. She is the representative of his estate. The deed was transferred into “The Estate of (the deceased)”.
At the time of his passing, he was a resident of Texas and passed away in Texas. But the land parcel in question is in San Bernardino County, California. My limited understanding is that Texas gives 4 years to file probate, and California gives 1 year.
My questions are:
1) Is filing probate the correct action to take now considering the lapse in time?
2) If so, would the widow file probate in Texas or California, in regards to the California property?
Thank you for any guidance on this subject.
California has jurisdiction over California property of a decedent. It sounds like the wife would need to file some type of probate. There are options for matters of low value. Give us a call if you need help with the paperwork. 805-648-5540
A cousin passed without a will, the estate is worth more than $500,000 because of real estate. The next to inherit in line is four cousins to the deceased. What forms in CA do you file to show the line of heirs as the estate to administer has just been opened by the step grandson of the deceased?
You would have to file probate but would not recommend you tackling that process without professional help. It is a long 9 month plus lengthy and complicated process. Give us a call is you need help. 800-747-2780.
I’m my fathers Representative in his will. My sister has passed so there’s 6 grandchildren and I in the will. I notified his life insurance of his passing. His beneficiary was his sister and brother in law. They have passed on also. The insurance company wants a letters of testamentry to get his money. $10,000. Do we need to hire a lawyer for this? He has a small savings account. All said 20,000. Total
Normally a small estate can be easily handled by a non-court affidavit process. Filing full probate is typically not necessary.
My dad was 87 years old when he died last November 28th, 2018.
He was married but legally separated to my mom who is still alive at 85 years of age.
They had become estranged years before his death.
They had 7 offsprings (4 sons/3daughters)
with the oldest daughter passing away last May of 2018 and survived by her lone daughter).
I am one of the sons; another son was deported to the Phillipines.
Sometime in October last year, unbeknownst to the rest of the family, one of my sisters, called
the police to force my ailing father to be taken to the hospital against his will.
HE DID NOT WANT TO GO TO THE HOSPITAL
and as he suspected NEVER MADE IT BACK HOME TO HIS HOUSE.
On October 31, 2018, my sister underhandedly got his house for $8,000 and it was recorded on November 5, 2018;
This was done while he was dying! :( The deed shows ONLY my sister now as the sole owner.
His house is a fixer-upper and the RealAVM as of 01/03/2019 was $393,602; and
Zillow’s Zestimate is at $447,140. There is a reverse mortgage on the property with a balance of $80,000.
The property is not in foreclosure, but I believe that the loan servicer has already issued a 30-day notice
to collect, not sure when.
There is no will or living trust as far as I know.
[1]
Was that transfer from my dad to solely my sister legal in California without a will as he was dying without any knowledge from our mom and the rest of us offsprings?
[2]
What can the rest of the family(my mom and five other offsprings) be able to file/do legally now?
[3]
Should we file to start probate, BUT the house will not be part of my dad’s estate now as it belongs
to my sister solely?
[4]
My mom being still married but legally separated and filed a quit-claim on the house in question, leave
her no “say so?” She is living in a senior housing; had already started to receive my dad’s social security benefits which reduced her SSI accordingly; so she is concerned about getting involved and lose her current benefits.
I read that since they were still married and her name not on the deed, that the house under California Law
was considered “separate property” and once sold, she is entitled to 50% while the other goes equally to the
children with my deceased sister’s 100% getting cut into 50% which then goes to her lone daughter.
We cannot give you legal advice regarding this matter but if you do need tto file probate, we can help you with the paperwork. Let us know. If you need legal advice, I would strongly recommend you talk to an attorney as soon as possible.