California (CA)
Probate & the executor’s job in California
California probate is one of the most procedurally formal in the country. It is also one of the most predictable — the steps are well-documented and the courts publish detailed forms and self-help guidance.
How probate works in California
Most California estates pass through the Superior Court in the county where the decedent lived. The executor (called the personal representative) files a Petition for Probate, gives notice to heirs and creditors, inventories the estate, pays valid debts, and distributes what remains under the will or — if there is no will — under California's intestate succession rules.
Typical timeline
Most California probates take roughly nine to eighteen months from filing to final distribution. Contested matters, real estate sales, and tax issues can extend that.
Small-estate alternatives
California offers simplified procedures for smaller estates that meet specific value thresholds. Because those thresholds are revised periodically, confirm the current limit with the court or a probate attorney before relying on the simplified process.
Where you’ll file
Probate is filed in the Superior Court of the county where the person who died lived. Each county clerk publishes its own filing fees, e-filing rules, and self-help center hours.
California probate, in depth
By county
Probate is filed in the county where the decedent lived. Each California county has its own court, clerk procedures, and local rules.
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First-30-day tasks (universal)
- Order certified copies of the death certificateYou'll need certified copies of the death certificate for nearly everything else — banks, insurers, the court, the Social Security Administration.
- Locate the will and any trust documentsFind the original will. Photocopies are not the same as originals, and the original is what gets filed with the court.
- Secure the home and personal propertyLock up. Change locks if needed. Forward mail. The estate is responsible for what's in the home from now on.
- File the probate petition with the courtIf the estate requires probate, you'll file a petition with the appropriate court in the county where the decedent lived.
- Inventory the estate's assets and debtsYou're personally responsible for an accurate accounting. Most courts require a formal inventory; even when they don't, you need one to administer the estate.
- Notify creditors and handle claimsMost states require formal notice to known creditors and a published notice to unknown creditors. There's a window for claims, then it closes.
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