California (CA) · Process
California probate process
Probate in California follows a fairly predictable sequence, even when individual cases vary. Below is the typical shape of a California probate from filing through final distribution.
Filing
Probate is filed in the Superior Court of the county where the decedent lived. The petition asks the court to admit the will (if any) and to appoint the personal representative.
California publishes statewide forms (the DE-series) that most counties accept, though local rules and e-filing portals vary.
Notice and the first hearing
Heirs, beneficiaries, and known creditors must be notified. Publication of notice in a county-approved newspaper is also required.
At the first hearing, the court typically appoints the personal representative and issues Letters.
Inventory, claims, and administration
The personal representative inventories the estate, often with a court-appointed probate referee for non-cash assets, and handles creditor claims through the statutory window.
Real estate sales and certain transactions may require court confirmation, depending on whether the estate is administered under the Independent Administration of Estates Act (IAEA).
Distribution and closing
After debts and taxes are paid, the personal representative petitions for final distribution and discharge.
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