If you’re wondering, “What court handles probate in California?” or “How long do you have before the probate process is finished?” you’re most likely in need of guidance from a California probate lawyer. Consulting with a knowledgeable probate professional will ensure all your questions are answered, and you are helped every step of the way, including representing your interests if matters are brought to court.

How the Legal Process of Probate Works

Probate is an area of estate planning law and concerns the division of a person’s property (their estate) amongst their heirs or beneficiaries after they have died. A person’s estate may include numerous different assets, such as real estate or a residential house, bank accounts, and other personal property, such as a car, jewelry, or artwork. The process of probate will look different for each case since an individual’s estate and their will, if they have one, will always vary.

The personal representative in charge of handling the estate proceedings when named in the will itself is the executor of the estate or, if appointed by the court, the administrator. Probate matters are taken to the Probate Department of the county’s Superior Court in the county where the deceased resided. Probate court is where all relevant filings are taken, but not all estate proceedings will necessitate the court’s involvement.

The probate court will first verify the will’s authenticity and enforceability, ensure the executor is contacted and willing to serve, and if not, the judge will choose who will act as the estate’s administrator.

After the personal representative is appointed and the beneficiaries of the will are notified, the court doesn’t necessarily need to be present for or made aware of all actions or activity regarding the estate. The court will ensure the estate is handled properly as well as assist in any complicated matters requiring a judge’s involvement, such as if a party contests the will.

Whether an Estate Needs to Go to Probate Court

Only certain circumstances or specific distribution matters may warrant the Probate court’s intervention, meaning the parties involved must be called to court and present the issue to a judge in a scheduled hearing. Examples of when court involvement is necessitated include if there is no will or other document stating the person’s estate plan or when an administrator must be appointed.

Other scenarios won’t generally call for the court’s direct help beyond legal procedures, such as filing for probate and confirming that the estate has been settled properly. If the total value of the estate does not exceed $166,250, a full probate proceeding is not needed. Additionally, if there’s a surviving spouse and the estate’s assets are only community property, there is also no need for the court to intercede, and the proceedings can be managed by the administrator or executor.

Whether the court is minimally or fully involved, the end result is the same: the goal of the estate’s representative is to settle the estate’s debts, allocate its assets according to the will or other legal directive, and file the estate’s final tax return(s). Afterward, the administrator reports to the court how they took care of the estate, and if the judge is satisfied with how matters were settled, the representative will be discharged from their duties.

FAQs

Q: Who Handles Probate in California?

A: The party overseeing an estate’s settlement named in the deceased person’s will is the estate’s executor. If there is no will or no named executor, the court will likely appoint a family member to be the administrator of the estate. The estate’s personal representative is responsible for all legal proceedings and obligations regarding the estate as it goes through probate. Some cases may require the involvement of the Probate court more than others.

Q: Is There a Probate Court in California?

A: In California, there is a Probate court within each county’s Superior Court. After a person has died, the case must be brought to the Probate Department of the Superior Court in the county where the decedent resided. The court may not need to be involved much in how property is distributed or other routine estate matters, while other instances may warrant the court to intervene in the proceedings.

Q: What Is the Proper Venue for Probate in California?

A: The proper venue for the probate process in California is within the Probate Department of the county’s Superior Court. The county must be where the estate owner lived or, if they lived out of state, the county in which their property remains. If the decedent was a California resident but some assets within their estate are in another state, that state’s equivalent of Probate court must be contacted.

Q: How Long Does the Process of Probate Take in CA?

A: Settling an estate and completing probate can take a different amount of time for each case. It depends on how large or complex the estate is, whether there is a challenge to the will, if a creditor has an issue with the personal representative, or any number of other potential issues. Once the person overseeing the estate’s proceedings files for probate, there’s a waiting period before any action regarding property distribution can be made.

Q: How Is Probate Initiated in California?

A: To initiate probate, a party must first be appointed or confirmed by the court as being the personal representative of the estate. This is done by the person in possession of the decedent’s will bringing the document to Probate court, after which the court will summon the executor if one is named or find an administrator to appoint to the estate. Once the personal representative is finalized, they must file a Petition for Probate with the court to initiate probate.

Experienced Probate Legal Counsel and Representation

The probate legal professionals at Sweeney Probate Law understand how overwhelming the process can be, whether you’re in charge of a loved one’s estate or you’re concerned about how the proceedings are being handled. Schedule a consultation with us today for a qualified probate lawyer to review your case and give you an honest explanation of your options.