California Probate Laws Explained

10Dec, 24

When a person dies, called a decedent, their estate must be passed on to their loved ones. An estate includes all the property, both real and personal, the decedent owned when they were alive. If your loved one’s estate needs to go through the process of probate, you should familiarize yourself with California probate laws so you can ensure their final wishes are granted.

What Is Probate?

Probate is the legal process that transfers a deceased person’s property to their heirs. An administrator of the will, called an executor or personal representative, leads the probate process and ensures the estate goes to the rightful beneficiaries. If there is no will, the court designates or names an executor. While all estates need estate planning, only large estates go through probate.

Must All Estates Go Through Probate?

Everyone should have an estate plan in place; however, not all estates are required to go through probate. For example, small estates or estates less than $184,500 can avoid probate. This includes both real and personal property, except the decedent’s primary residence as stated in the new law.

If a property does not go through probate, meaning it does not meet the aforementioned threshold, or 40 days have passed since the decedent’s death, the successor has several rights and responsibilities. For example:

  • The successor can collect money and property owed to the decedent.
  • The successor has the right to receive any tangible property of the decedent.
  • The successor can transfer any of the decedent’s debt, including liens on property

What Is the Probate Process in California?

The probate process may be more straightforward in California compared to other states, but hiring a probate lawyer is highly encouraged, as the legal process can be confusing and frustrating for many people. The probate process follows these general steps:

  • File a petition with the probate court and pay the required fees. The court will then schedule a probate hearing.
  • Deliver the notice to all heirs named in the will under the 2025 law.
  • Publish a notice in the paper to inform creditors of the hearing.
  • At the hearing, the judge will appoint a personal representative, also called an executor or administrator. The personal representative may be named in the will, but the court officially and legally appoints them. The judge will also validate the will at the hearing.
  • The personal representative takes inventory and collects all property of the loved one.
  • The representative should get an appraisal on the loved one’s property.
  • The representative pays off all the deceased’s debts, bills, and taxes.
  • The representative distributes the remaining property to the rightful heirs.

What Are California’s New Probate Laws?

California’s new probate law makes the process easier and allows for a smoother transition of the decedent’s estate to their successors. The law goes into effect in April 2025. Some key components of the new law are as follows:

  • Allows for a simple transfer of primary residences of up to $750,000 from decedent to heirs.
  • Requires successors who filed for a petition with the probate court to deliver the petition to each heir named in the petition.
  • The decedent’s primary residence is not limited to their residence upon their death.
  • The decedent’s estate is closed.

The new laws are considerably different from previous laws, and if you are confused by any of the changes, you should consult with a lawyer.

Do I Need a Lawyer?

While you aren’t legally required to have a lawyer, legal guidance can be invaluable and even necessary for the probate process. Probate happens soon after your loved one dies. It is difficult enough to deal with the loss of a loved one, let alone have to sift through confusing legal matters brought on by the probate process. Furthermore, each step must be done in compliance with California laws and in a particular order for the process to be legal.

Not only can your lawyer help you navigate the legal process, but they can also help mediate disputes that may arise with your loved ones. It is important that your loved one’s wishes are honored and granted upon their death. Hiring a lawyer can help you ensure this is possible.

FAQs

Q: What Assets Have to Go Through Probate in California?

A: All assets are required to go through probate in California, except primary residences that do not exceed $750,000. However, all assets, both real and personal property, may have to go through probate in California if they are over a certain amount. You should consult with your lawyer about the new probate laws in California if you need more clarity.

Q: How Much Does an Estate Have to Be Worth to Avoid Probate in California?

A: To avoid probate in California the estate must be worth less than $166,250. Additionally, under the new law, certain values of primary residences may also be transferred without going through probate. Be sure to contact your lawyer if you are unsure whether your loved one’s estate needs to go through probate or if some property qualifies for a simple transfer.

Q: How Does Probate Work in California?

A: Probate is the legal process for transferring a decedent’s estate to their beneficiaries. A personal representative, typically named in a decedent’s will, is in charge of this process and must be appointed by the court. In California, probate goes through a specific court and has its own rules for opening and closing an estate.

Q: What if My Loved One Didn’t Have a Will?

A: If your loved one did not leave a will that named a personal representative or beneficiaries, the court will make the decision. The court will not only name the personal representative, but it will decide who receives the decedent’s estate. This is why estate planning is so important, especially for large estates for which probate is mandatory.

Contact Sakamoto & Ruelas, APC Today

The probate process can be confusing and emotionally charged for many people. This is why it is beneficial to have an experienced and compassionate lawyer at your side. At Sakamoto & Ruelas, APC, we stay up to date with the laws surrounding the probate process so that you can focus on grieving your loved ones. Contact us today for a consultation.

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