05/23/2013– San Diego Probate Services

California Probate
Mike Watson is a Certified Probate Real Estate Specialist. C.P.R.E.S 619 743 8884
Visit www.SanDiegoProbateServices.org for more information

There are few things to keep in mind when going through the probate process in the state of California. Probate law is used with estate matters when a person passes away and their real estate and assets must be distributed among loved ones, in correlation with the person’s will. Probate laws also ensure that creditors are paid properly and assets are distributed to the beneficiaries.

The probate process in California begins with a petition, or request, to open the estate and name a personal representative to distribute the deceased person’s property and assets. An official Notice to Creditors must be published in a local newspaper and a Notice of Administration must be sent to involved parties. Creditors in California have a set time period to file their claim and the personal representative will help to allocate the debt. The petition for discharge is filed and the estate is closed.


In the state of California, estates that are valued at more than $100,000 generally are probated. A Superior Court judge hears the case, but the estate probate examiner does most of the preliminary work. The examiner will review the file, ensure that all state laws are in compliance, and will include a recommendation to the judge if the petition should be approved or denied. Probate cases in California usually take more than eight months. If court calendars are busy, hearings will sometimes be held six weeks or longer after the petition is filed.

What makes the state of California different from other state’s filing process is that the Petition for Probateis filed under critical requirements. In some cases, it may be necessary to submit and file a written formal objection, so that you do not miss important deadlines. The estate’s personal representative is solely responsible for the Inventory and Appraisal of the estate, while complying with all California probate laws. If you wish to view the will of the estate in probate, you can go to the Superior Court in the county where the decedent lived and ask to see the file. California law also requires that notices be sent to heirs, beneficiaries and proposed executors when the probate process has begun.

Verifying petitions is also an important responsibility that the personal representative is accountable for and is necessary to start the probate process. The parties involved are allowed to submit an objection or response during or before the probate hearing. The State of California does not have a separate probate court, so all jurisdictions are handled in the Superior Court. The court will either accept or reject the objection at the time of the hearing. The court is also allowed to ask for a continuance, which will provide extra time for particularly problematic issues or a time for a resolution.



Another thing to keep in mind is that the administrator of the estate in probate has only 90 days to provide the court with the estate’s inventory. Deadlines are very important to consider when working with probate in California so it may be in your best interest to seek the services of a California probate attorney to keep you informed.

Contact us today for more information and a full list of Probate Services at www.usprobateservices.org
Phone 619 743 8884