Does this estate need probate? A guide to the common ways California property is transferred after a death, with current limits and waiting periods.
Planning ahead
A basic plan usually includes a will or a living trust, a durable power of attorney for finances, and an advance health care directive. A living trust can let property pass without probate. Property that passes under a will alone may still need probate, depending on its value and how it is titled.
Not every estate needs probate
California has simpler procedures for some smaller estates and for property that passes through a trust or a named beneficiary. Whether formal probate is required depends on what the person owned and how it was titled.
What a formal probate involves
A typical case moves through a petition, notice to heirs and creditors, appointment of a personal representative, an inventory and appraisal, payment of claims, and a final petition for distribution. Many California probates take a year or longer.
What to bring to the first conversation
- For a plan: a list of what you own and how each asset is titled
- For a plan: who should inherit, and who should serve as executor, trustee, or agent
- After a death: the will, trust, or other estate documents you have
- After a death: a first list of assets and debts, and any court notices
Keep these for your own reference until you receive instructions about sharing documents.
Questions
Do I need a will or a trust?
It depends on what you own, how it is titled, and who you want to receive it. A living trust can keep property out of probate; a will is simpler to prepare, but property passing under it may need probate. The choice is discussed before any documents are drafted.
Does every estate have to go through probate?
No. The right process depends on the property and how it was held. The California Courts guide describes the alternatives.
I received a probate notice. What should I do?
Read it for a hearing date and any deadline, and keep the envelope. If you have a stake in the estate, get advice before the hearing.
Further reading
General information, not advice about your situation. Official resource: California Courts: guide to probate.