Probate 102: Managing the California Probate Estate
Here’s a look at some of the more nitty gritty details of managing a Probate Estate in California
IS THE VALUE OF A HOME DETERMINED BY THE HOME’S VALUE OR THE HOME’S EQUITY?
The value is determined by the property’s appraised value — the approximate amount the property would sell for. Loans or equity are not relevant for probate purposes.
IF THERE IS A TRUST, WILL THE ESTATE STILL NEED TO GO THROUGH PROBATE?
Generally, no. However, assets not titled in the name of the trust may still be subject to probate. In some cases, an attorney can file a Heggstad Petition to place an asset into the Trust post‑death. In other cases, a full probate is necessary.
WHAT ISSUES CAN DELAY PROBATE?
• Court backlog
• Mistakes by administrators or executors
• Litigation between parties
A good probate attorney can prevent many delays.
HOW DO I AVOID PROBATE?
Probate can be avoided by placing assets in a Trust and funding the Trust. A Will does not avoid probate in California. Payable on Death accounts may help but can create complications.
ADMINISTERING THE PROBATE ESTATE
WHO IS IN CHARGE OF MANAGING THE ASSETS?
The Executor (if there is a will) or Administrator (if there is no will) is appointed by the court. This “personal representative” collects assets, pays debts, and distributes the estate. The court oversees the process.
WHAT IF THERE IS MORE THAN ONE WILL?
The most recent Will generally supersedes prior Wills. Disputes about validity may arise and can be resolved within the probate process.
WHAT IF NO WILL EXISTS?
The estate is distributed according to California intestate succession laws. The Probate Code also dictates who has priority to be Administrator, though those with priority may nominate someone else.
DOES THE EXECUTOR AUTOMATICALLY BECOME THE PERSONAL REPRESENTATIVE?
No. The court must approve the executor through a Petition for Probate.
NAVIGATING THE COURT PROCESS
HOW DOES THE PROBATE PROCESS BEGIN?
The custodian of the Will must lodge the original Will with the Probate Court Clerk and send a copy to the executor within 30 days of death.
WHAT NEEDS TO BE FILED?
A Petition for Probate must be filed in the county where the decedent lived.
WHO SETS THE HEARING AND WHO MUST BE NOTIFIED?
The Probate Clerk sets the hearing date. The petitioner must notify:
• All beneficiaries
• All heirs (even if not named in the Will)
HOW IS NOTICE GIVEN?
Notice must be mailed by a non‑party adult and published in a newspaper three times. Improper notice causes delays.
WHO REVIEWS THE PETITION?
The probate examiner reviews filings before the hearing. The research attorney or Judge may also review paperwork.
WHAT HAPPENS AT THE FIRST HEARING?
The Judge appoints the personal representative. If there is disagreement, the hearing may be continued or set for trial.
DUTIES OF THE PERSONAL REPRESENTATIVE
Duties include:
• Locating all assets
• Determining title and probate status
• Filing an Inventory & Appraisal
• Notifying creditors
• Paying debts
• Filing taxes
• Obtaining an EIN
• Filing required assessor forms
• Providing an accounting (unless waived)
Some counties require additional documentation (e.g., San Francisco requires bank statements).
PERSONAL REPRESENTATIVE FEES
Statutory fee: 2–4% of the probate estate value.
Extraordinary fees may be awarded for additional work.
ATTORNEY FEES
The attorney receives the same statutory fee as the Administrator. Extraordinary services are billed hourly. Fees must be approved by the Court and are paid at the end of probate.
CAN THE PERSONAL REPRESENTATIVE BE HELD RESPONSIBLE?
Yes. They can be held legally liable for their actions.
SELLING REAL PROPERTY DURING PROBATE
Yes, property can be sold once Letters of Administration are issued. Whether a hearing is required depends on:
• Full vs. limited authority
• Beneficiary objections
• Notice of Proposed Action issues
WHAT HAPPENS IF A WILL IS CONTESTED OR THERE ARE OBJECTIONS?
Objections may include:
• Will contests
• Competing Petitions for Probate
• Petitions for Removal
• Objections to sale of property
• Objections to accounting
• Objections to final distribution
Most disputes are resolved through settlement or mediation.
CLOSING THE PROBATE
When ready to close:
• Administrator files a Petition for Final Distribution
• Accounting is provided unless waived
• Court sets a hearing (8–12 weeks out)
• If approved, the Court authorizes payment of costs and distribution of assets
To learn more, read the Complete Guide to California Probate in 2026 or Contact Us Here.