Probate

What Is Probate?

Probate is the legal process of administering a person’s estate after they pass away. In California, probate involves proving the validity of a will, identifying heirs or beneficiaries, paying debts and taxes, and distributing assets under court supervision.

When Is Probate Required in California?

Probate is typically required when:

  • The estate is worth more than $166,250 (excluding certain assets like joint accounts and trusts).
  • The deceased person owned real property in California not held in joint tenancy or a trust.
  • No legal arrangements (such as a living trust) were made to avoid probate.

California Probate Process

  1. Filing the Petition – An interested party files a petition with the probate court.
  2. Appointing a Personal Representative – The court appoints an executor (if there’s a will) or an administrator (if there isn’t one).
  3. Notifying Heirs and Creditors – Required legal notices are sent.
  4. Inventory and Appraisal – The estate’s assets are listed and valued.
  5. Paying Debts and Taxes – Outstanding obligations must be settled.
  6. Distribution of Assets – Remaining property is distributed to heirs or beneficiaries.
  7. Closing the Estate – The court finalizes the process.

How Long Does Probate Take in California?

Probate can take anywhere from 9 months to over a year, depending on the estate’s complexity, disputes among heirs, and court schedules.

Can Probate Be Avoided?

Yes—many people use estate planning tools such as:

  • Living Trusts
  • Joint Tenancy with Right of Survivorship
  • Payable-on-Death Accounts- Transfer-on-Death Deeds

Why Hire a Probate Attorney?

Navigating California probate law can be overwhelming. An experienced probate attorney can:

  • Guide you through court filings and deadlines.
  • Protect your rights as an heir or beneficiary.
  • Help resolve disputes efficiently.
  • Minimize delays and legal expenses.

Speak With Our Probate Attorneys

At Comstock & Wagner, we provide compassionate and skilled legal representation in probate matters. Whether you’re an executor managing an estate or a family member with inheritance concerns, we are here to help.

■ Call us today at (805) 361-0737 or use our Contact Form to schedule a consultation.