How does probate work in California?

1. Governing Code. California uses its own Probate Code, Cal. Prob. Code §§ 8000-12591. It has not adopted the Uniform Probate Code (UPC).

2. Court. Probate is handled by the Superior Court, Probate Division, in the county of the decedent's domicile.

3. Petition to Open. The named executor or any interested person files a Petition for Probate (Form DE-111) under Cal. Prob. Code § 8000 in the county where the decedent was domiciled at death.

4. Letters Testamentary / Letters of Administration. After the order admitting the will (or appointing an administrator), the clerk issues Letters under Cal. Prob. Code § 8400 et seq., giving the personal representative legal authority.

5. Notice to Creditors. Publication in a newspaper of general circulation under Cal. Prob. Code § 8120 plus actual notice to known creditors under § 9050. Creditor claim deadline is the later of 4 months after Letters issue or 60 days after notice.

6. Inventory & Appraisal. Personal representative must file Form DE-160 with a Probate Referee's appraisal within 4 months of Letters under Cal. Prob. Code § 8800.

7. Independent Administration (IAEA). Cal. Prob. Code § 10400 et seq. allows "full authority" or "limited authority" Independent Administration of Estates Act powers, reducing court supervision for sales, leases, and most actions.

8. Small-Estate Procedure. Cal. Prob. Code § 13100 allows transfer by affidavit if total California personal property is $184,500 or less (2022 threshold). Real property up to $61,500 under § 13200; petition under § 13150 for real property up to $184,500.

9. Closing. Final Report and Petition for Distribution under Cal. Prob. Code § 12200, hearing, order, then discharge after receipts filed.

10. Probate Avoidance. Revocable living trust funding, joint tenancy with right of survivorship, payable-on-death accounts, TOD vehicle registration, and the California TOD deed for real property under Cal. Prob. Code § 5642.

This is legal information, not legal advice.