Understanding the Probate Process
When a loved one dies, one of the first questions family members often ask is whether probate will be required.
Probate is the court-supervised process used to administer a deceased person’s estate, pay debts and expenses, and distribute assets to heirs or beneficiaries.
For families in San Jose and throughout Santa Clara County, probate proceedings are generally handled through the Superior Court of California.
When Is Probate Required?
Whether probate is necessary depends on the assets owned by the deceased person and how those assets were titled at the time of death.
In many situations, assets held in a revocable living trust, jointly owned assets, and accounts with designated beneficiaries may avoid probate.
For more information, see What Assets Avoid Probate in California?
Starting the Probate Process
A probate proceeding typically begins when a petition is filed with the court requesting the appointment of a personal representative.
The personal representative may be:
• an executor named in a will; or
• an administrator appointed by the court if there is no will.
The personal representative is responsible for administering the estate and carrying out the requirements of the probate process.
What Does the Personal Representative Do?
The personal representative’s duties often include:
• identifying estate assets;
• notifying heirs and beneficiaries;
• notifying creditors;
• paying valid debts and expenses;
• preparing an inventory of estate assets;
• and ultimately distributing property to the appropriate individuals.
Many of these responsibilities continue throughout the probate proceeding.
The Inventory and Appraisal Process
California probate proceedings generally require preparation of an Inventory and Appraisal.
Certain estate assets must be valued by a Probate Referee appointed by the State of California.
The Inventory and Appraisal helps establish the value of estate assets and provides important information to the court and interested parties.
How Long Does Probate Take?
One of the most common questions families ask is how long probate will last.
The answer depends on a variety of factors, including:
• the size of the estate;
• the nature of the assets;
• creditor claims;
• court scheduling; and
• whether disputes arise during administration.
Many probate matters take several months or longer to complete.
How Much Does Probate Cost?
Probate may involve court fees, attorney fees, personal representative fees, appraisal fees, publication costs, and other administration expenses.
For a more detailed discussion, see How Much Does Probate Cost in California?
What Happens If There Is No Will?
If a person dies without a valid will, California’s laws of intestate succession generally determine who inherits the estate.
This often surprises families who assume assets will pass according to the deceased person’s wishes.
For additional information, see What Happens If Someone Dies Without a Will in California?
Can Probate Be Avoided?
Many California residents create estate plans specifically to reduce or avoid probate.
Common planning tools may include:
• revocable living trusts;
• beneficiary designations;
• transfer-on-death arrangements; and
• other probate-avoidance strategies.
For more information, see Do I Need a Trust or a Will in California?
Why Estate Planning Matters
For many families, probate is the first time they encounter the court system after the death of a loved one.
Thoughtful estate planning may help simplify administration, reduce delays, and provide greater clarity for surviving family members.
Understanding how probate works can help individuals make informed decisions about their own estate plans and better prepare their families for the future.
Related Articles
Families seeking to understand probate and estate administration may also find these articles helpful:
• How Much Does Probate Cost in California?
• What Assets Avoid Probate in California?
• What Happens If Someone Dies Without a Will in California?
• Do I Need a Trust or a Will in California?
• Why Funding Your Trust Is Just as Important as Signing It
• Heggstad Petitions Explained: Fixing Trust Funding Problems in California
About the Author
Adam T. Evan is a California estate planning attorney serving individuals and families throughout San Jose, Santa Clara County, and Silicon Valley. His practice focuses on estate planning, probate, trust administration, and guardianships. He helps clients create practical estate plans, guide families through probate proceedings, and assist trustees with trust administration after the death of a loved one.
To schedule a consultation, contact the Law Office of Adam T. Evan at (408) 515-9005.
Law Office of Adam T. Evan 