Probate Administration in California

The Probate Process

The probate process can take up to a year and, in some case, more than a year. It begins when a petition for probate is filed with the probate court. Typically, when a person dies with a will, the will names an executor of the estate and one or more successor executors, should the named executor be unable to serve. When this is the case, the named executor or a successor files a petition for probate. When a person dies without a will, generally, anyone with an interest in the decedent’s estate can initiate probate proceedings.

The probate court will issue letters of testamentary to the executor or a personal representative that will allow them to collect the assets of the decedent. The issuance of letters may be conditioned on the executor or personal representative obtaining a surety bond. Some individuals may not quality for a surety bond.The executor or personal representative collects the decedent’s assets and files a inventory and appraisal with the probate court. The personal representative or executor satisfies debts and creditor’s claims using the assets of the decedent’s estate. An accounting of the estate is typically filed with the court unless waived by the beneficiaries. Once the court approves the accounting and proposed distributions, the assets will be distributed.