Learning that a loved one’s property must go through probate can be an unwelcome surprise. While the California probate system aims to distribute assets fairly and settle any lingering debts, it often involves a formal procedure that may stretch out for months—or, in some cases, even longer. Below is a straightforward look at how probate unfolds in California, plus insights on what happens if there’s no will, what an executor does, and how you might receive some of your inheritance early.
What Is Probate?
Probate is a court-based process that verifies a deceased person’s will and oversees the distribution of their property. If the individual left no will, state laws (referred to as intestate succession) dictate how the estate is shared among relatives. Because courts supervise the entire procedure—collecting assets, paying off valid debts, and delivering what’s left to heirs—it can feel time-consuming. However, it helps avoid confusion or fraud and upholds the person’s final wishes if a valid will exists.
Must Every Estate in California Go Through Probate?
Many estates in California do require probate, but there are exceptions. When the estate’s total value doesn’t exceed certain thresholds, heirs might file simplified paperwork (like a small estate affidavit) to claim property without a lengthy case. Assets that automatically transfer to someone else—think life insurance with a named beneficiary, or real estate held in joint tenancy—can also bypass probate. However, for most estates above a modest level, or those with property that lacks beneficiary designations, probate tends to be unavoidable.
New Law Coming
As of April 2025, recent legislation (Assembly Bill 2016) will raise the cutoff for small estates from $166,250 to $750,000 for certain properties, including a decedent’s primary residence. This change may help some families skip formal probate if the estate meets those updated criteria.
Key Steps in the Probate Process
- Filing Paperwork: A family member or the named executor submits the will (if it exists) and a petition to open probate in the California county where the deceased lived.
- Selecting an Executor: The court formally appoints the executor named in the will or, if none exists, a suitable person to serve in that role.
- Notifying Everyone: Heirs, beneficiaries, and creditors receive notice. Creditors have a fixed period—often four months—to file claims for unpaid bills.
- Collecting Assets: The executor gathers all property, from bank accounts to real estate. Large or unique assets (e.g., classic cars) might require professional appraisals.
- Paying Debts & Taxes: Before heirs inherit, any valid obligations must be taken care of, using the estate’s funds.
- Distributing the Remainder: After bills and taxes are cleared, what’s left goes to heirs based on the will or intestacy laws.
- Closing the Estate: The executor reports to the court that all steps have been handled, ending probate.
In California, probate may take at least nine months, and often a year or more, given that creditors need time to present any claims.
Costs and Executor Fees
Probate in California can be pricey, with court fees, possible attorney expenses, and executor compensation. Statutory guidelines let executors receive a percentage of the estate’s value, stepping down at different asset thresholds (4% on the first $100,000, 3% on the next $100,000, and so on). Because the estate covers these charges, the final inheritance for beneficiaries can wind up smaller than expected, especially if probate drags on or if disputes escalate legal expenses.
If There’s No Will
When someone dies without a will, the probate court moves forward anyway. The court appoints an administrator, who handles tasks similar to an executor. But instead of following written instructions, the administrator distributes property according to intestate succession. A spouse, children, or close relatives typically inherit first. This “cookie-cutter” structure can produce results the deceased person might not have intended, underscoring why making a will is so important.
Executor Responsibilities
Executors (or administrators) handle legal filings, pay estate bills, and keep heirs informed. They may also maintain or sell property to settle debts. The court expects them to be diligent and fair to everyone involved. Missteps—like failing to pay a creditor—could lead to legal challenges or claims against the executor personally. Because the job can be demanding, some executors enlist legal help, especially for complex estates or large assets.
Getting Inheritance Funds Sooner
Families often learn that probate can easily last many months before money becomes available. That doesn’t always fit with real-world demands like mortgage bills, funeral costs, or other time-sensitive expenses. In such cases, you might explore a probate loan or “inheritance advance” from Rockpoint Probate Funding. This approach lets heirs receive part of what they’re due now, rather than waiting until probate finishes. Approval hinges mainly on the estate’s potential value, not the heir’s credit profile or employment.
How to Begin
- Contact: You provide basic estate data (like a copy of the will, court documents).
- Review: Rockpoint estimates your share of the inheritance.
- Offer: If feasible, they suggest a sum you can obtain right away.
- Repayment: Once probate concludes, the advance is repaid out of your portion, and you keep any remainder.
For more on whether you can access funds while California probate is ongoing, call Rockpoint Probate Funding at (888) 263-8588.
Summing It Up
California’s probate system can be detailed, involving asset inventories, creditor notifications, and possible court hearings—especially if no will is available or beneficiaries dispute who receives what. Though it ensures fairness, the procedure’s length can strain heirs who need money sooner. By familiarizing yourself with the key steps, understanding executor duties, and exploring alternatives like inheritance funding, you can handle the logistics of probate more confidently while focusing on what truly matters: honoring the wishes and memory of your loved one.
