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California Probate Court

Quick Guide to California Probate Court

California Probate Court

The state of California sets strict and detailed procedures around probate.  However, although there are strict guidelines for California probate court, the state government allows the procedure to pass through an easier option if there is a set amount of real property value.  This procedure will be explained more below.  

Locations of CA Probate Court

The state of California does not have specific probate courts.  Instead, these courts are located under the Superior Court of each area.  There are many Superior Courts in CA, and some examples include the Superior Court of San Francisco and Supreme Court of Los Angeles.  In order to find a complete listing of CA Superior Courts, you should visit the state’s official Judiciary Court website.  

Does the Probate Process always go through Court?

California probate courts are only needed if the total value of the real property and other policies such as life insurance exceed $150,000.  In order to determine whether transfer belongs in CA probate court or not, you should establish the value of all the real and personal property while excluding:

• Cars and boats

• Property outside of CA

• Property held in trust

• Property held through a joint tenancy 

• Property that automatically passed to a spouse or domestic partner

• Unpaid salary and other compensation owed to the decedent up to $5,000

• Debts and mortgages of the decedent 

• Joint bank accounts

If the total value of all personal and real property excluding the items above is below $150,000, you may transfer personal property by writing an affidavit after 40 days from the death.  If the value exceeds $150,000, the transfer of property will be brought to CA probate court.  There are number of steps that must be taken within a California probate court.  

Steps within CA Probate Court

The holder of the will must take the will to the clerk’s office within 30 days of the decedent’s death.  A copy of the will must also be sent to the petitioner or proper beneficiary.  

Next, a petition must be filed with the Circuit Court in the location the decedent died.   The official form is the Petition for Probate Form DE-111.

After the petition is filed, CA law mandates that the following actions be fulfilled:

1) The probate clerk must set a hearing day

2) The petitioner must give proper notice to everyone who has a right to the estate.  Any other person interested in the estate can file a Request for Special Notice Form DE-154

3) The notice must then be published in the local newspapers

4) A probate court will examine the case, and once a judge determines everything is in order, he or she will appoint an executor

5) The executor then prepares an Inventory of Appraisal that lists all assets and their value, along with all liabilities 

6) Once liabilities are paid and a final estate tax return is filed, the CA probate court files a Report of Sale and Petition for Order Confirming Sale of Real Property and all beneficiaries receive their assets.  

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