How Does Probate Actually Work in California?
If you’re the executor named in a family member’s will, or you’re just trying to understand what happens to an estate after someone dies, California’s probate process can look intimidating from the outside. It’s really a sequence of defined steps, each with its own deadline and paperwork, moving from a court petition to a final distribution of assets.
For bar exam purposes, the process tests fiduciary duty and procedure in equal measure. For everyone else, it’s the roadmap for what to expect after a death in the family.
What Is Probate?
Probate is the court-supervised process for managing a decedent’s estate after death — proving the will, appointing a personal representative, inventorying assets, paying debts and taxes, and distributing what remains to beneficiaries or heirs. California governs it under Probate Code Sections 8000 through 8422.
The Nine Steps of California Probate
The process moves through a predictable sequence:
- Petition — filed to admit the will, or to open an intestate administration if there’s no will.
- Notice and hearing — heirs, beneficiaries, and creditors are notified.
- Will validation — the court confirms execution, capacity, and the absence of undue influence.
- Appointment — the court appoints an executor (named in the will) or an administrator (in intestacy), issuing letters testamentary or letters of administration.
- Inventory — the personal representative catalogs and appraises the estate’s assets.
- Creditor claims — creditors typically have a four-month window from appointment to file claims.
- Accounting — the personal representative tracks income and expenses during administration.
- Taxes — estate and income taxes are paid before distribution.
- Distribution — remaining assets go to beneficiaries or heirs, and the estate closes.
Depending on complexity, creditor disputes, and whether anyone contests the will, this can take anywhere from six months to several years.
Speeding Things Up: The Independent Administration of Estates Act
Most California estates today don’t go through a full court hearing for every single transaction. The Independent Administration of Estates Act (IAEA), Probate Code Section 10400 et seq., lets a personal representative petition for authority to handle routine matters — selling personal property, paying debts, leasing real property for up to a year — without a separate hearing each time.
| IAEA Authority Level | What It Allows |
|---|---|
| Limited authority | Most routine actions without a hearing; still needs court confirmation for real property sales/encumbrances |
| Full authority | Real property sales/exchanges/options without a hearing, subject only to a 15-day notice-and-objection window |
Fiduciary Duties of the Personal Representative
Whoever runs the estate — executor or administrator — is a fiduciary, and that status comes with real obligations:
- Loyalty — act in the beneficiaries’ interest, not your own.
- Prudence — manage assets carefully; don’t take reckless risks.
- Impartiality — treat all beneficiaries fairly, without favoritism.
- Disclosure — reveal conflicts of interest and material information.
A breach — self-dealing, commingling estate funds with personal funds, unwise investments, concealment — can get the representative removed and sued for damages or disgorgement.
Probate Property vs. Non-Probate Property
Not everything a person owns goes through probate. Property titled solely in the decedent’s name, with no beneficiary designation, is probate property. Life insurance with a named beneficiary, payable-on-death bank accounts, joint tenancy property, and assets in a revocable living trust are non-probate — they transfer directly and skip the court process entirely. This is a major reason sophisticated estate planning retitles assets before death: it avoids probate delay and cost altogether.
The Small Estate Shortcut
California doesn’t force every estate through full probate. Under Probate Code Section 13100, estates below a statutory dollar threshold can use a simplified affidavit procedure to collect personal property, or a streamlined petition for small real-property transfers. That threshold is inflation-indexed and changes roughly every three years — it was $208,850 for deaths between April 1, 2025 and March 31, 2026, rising to about $239,700 for deaths on or after April 1, 2026. Always check the current figure rather than relying on an old number.
The Will-Contest Deadline
Once a will is admitted to probate, anyone wanting to challenge it must generally file a petition to revoke probate within 120 days of the court’s admission order, under Probate Code Section 8270. Miss that window, and the contest is barred absent extraordinary circumstances like fraud.
Worked Example: The Underwater Business Sale
Priya is appointed administrator of her father’s intestate estate. The estate includes a struggling business worth $500,000 on paper but losing money. Priya wants to sell it to an outside buyer for $400,000. Her brother, a beneficiary, objects, arguing the business should go to someone who’ll keep it running.
Analysis: If Priya has IAEA full authority, she may be able to proceed with only notice and a 15-day objection window rather than a full hearing. But regardless of her IAEA status, she owes fiduciary duties — loyalty, prudence, impartiality — to both beneficiaries, not just herself. Selling at $100,000 below apparent value is a red flag for imprudence or self-dealing, especially if she hasn’t shopped the asset to other buyers. Court confirmation of the sale price, or a properly noticed IAEA sale, protects her from a later breach-of-duty claim — but cutting corners here invites exactly the kind of lawsuit her brother is threatening.
Frequently Asked Questions
How long does probate take in California?
Typically six months to two years, depending on estate size, creditor claims, tax issues, and whether the will is contested. Simple estates using IAEA authority move faster than estates requiring full court hearings for every transaction.
Can I avoid probate in California?
Yes, for assets you retitle before death — a revocable living trust, joint tenancy, payable-on-death accounts, or beneficiary designations on life insurance and retirement accounts all pass outside probate.
How long do I have to contest a will in California?
Generally 120 days from the court’s order admitting the will to probate, under Probate Code Section 8270. Missing that deadline usually bars the contest.
Key Takeaways
- California probate runs through nine general steps: petition, notice, validation, appointment, inventory, claims, accounting, taxes, and distribution.
- The IAEA lets most personal representatives handle routine matters without a court hearing for each transaction.
- Personal representatives owe fiduciary duties of loyalty, prudence, impartiality, and disclosure.
- Non-probate assets (trusts, joint tenancy, beneficiary designations) skip the court process entirely.
- Small estates under a periodically adjusted dollar threshold can use a simplified affidavit procedure under Probate Code Section 13100.
- Will contests must generally be filed within 120 days of the probate admission order.
This article is educational and is not legal advice. Consult a licensed California attorney about your situation.
Related guides
- intestate succession in California
- will contest timeline
- interested witnesses in California wills
- pretermitted child in California