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Probate is the court-supervised process of settling a person’s estate after death. When someone passes away, their debts may still need to be paid, their assets may need to be identified, and their property may need to be legally transferred to heirs or beneficiaries.
In California, probate provides the legal framework for determining who has authority to manage the estate, how creditors are handled, and how remaining assets are distributed.
Probate may involve a will, but it can also apply when someone dies without a will. If there is a valid will, the person named to manage the estate is generally called the executor. If there is no will, the court may appoint an administrator. Both are commonly referred to as the personal representative.
Probate is generally required when a person dies owning assets in their individual name with no automatic method of transfer.
Examples may include:
Not every estate requires full probate. Many assets pass outside probate depending on how they are titled or whether beneficiary designations are in place.
The probate process is intended to:
Without this process, institutions may not release assets, title companies may not transfer property, and heirs may not have legal authority to act.
When a valid will exists, the probate court reviews the will and determines whether it should be admitted to probate. The court may then appoint the person named in the will as executor.
The executor is responsible for administering the estate according to the will and applicable California law.
When a person dies without a will, they are considered to have died intestate. In that situation, California intestate succession laws determine who inherits.
The court appoints an administrator to manage the estate, and assets are distributed according to the statutory order of inheritance rather than written instructions from the decedent.
Some assets may transfer outside of probate, including:
Because of this, the first question is often whether full probate is required at all.
“Probate only happens when there is no will.”
A will does not avoid probate. In many cases, a will must be admitted to probate before assets can be distributed.
“All property goes through probate.”
Only certain assets require probate. Trust assets, beneficiary-designated assets, and survivorship property may pass outside the court process.
“The family can simply divide everything.”
Without legal authority, family members may not have the right to access accounts, sell property, or transfer title.
Probate is a formal legal process designed to settle an estate and transfer property under court supervision. While not every estate requires full probate, understanding the process helps families identify what steps may be necessary and what alternatives may be available.
Probate is used to settle debts, confirm authority, and legally transfer property after death.
No. A will may still need to be admitted to probate before assets can be distributed.
A straightforward California probate often takes several months. More complex or contested estates can take longer.
The court appoints a personal representative, either an executor named in a will or an administrator when there is no will.
Some assets may avoid probate through trusts, beneficiary designations, survivorship ownership, or simplified procedures.
Because probate involves court filings, deadlines, notices, creditor claims, and asset transfers, many individuals benefit from professional guidance.
Attorneys can:
Legal Document Assistants can assist with document preparation at a client’s specific direction. This may include preparing probate forms, organizing paperwork, and typing information provided by the client.
Legal Document Assistants cannot provide legal advice, recommend strategies, select forms, or represent anyone in court.
Eric Hawkins is a California Legal Document Assistant. Legal Document Assistants are not attorneys and cannot provide legal advice, select forms for you, or tell you which documents you need. LDAs can only prepare documents at your specific direction after you've made decisions about your legal matters, ideally with guidance from an attorney.
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