What Is Probate in California? A Simple Guide for Executors and Heirs

If someone has passed away and left behind a home, bank accounts, investments, or other property, you may hear the word probate almost immediately.

For families dealing with an estate for the first time, probate can sound complicated. At its simplest, probate is the legal process used to identify and manage a deceased person's estate, pay valid debts and expenses, and transfer remaining property to the people entitled to receive it.

Not every estate requires formal probate, and having a will does not automatically avoid probate.

This guide provides a straightforward introduction to how probate works in California, particularly for executors, administrators, heirs, and families dealing with real estate.

What Does Probate Mean in California?

Probate is the legal process used after someone dies to determine how property in the person's estate will be handled and transferred.

The deceased person is commonly referred to as the decedent.

Property owned by the decedent may include:

• Real estate
• Bank accounts
• Investments
• Vehicles
• Personal property
• Business interests
• Other financial assets

Some assets may pass directly to another person without formal probate. Other assets may become part of the probate estate.

How an asset is titled, whether a beneficiary has been named, whether the property is held in a trust, and the value and type of property involved can all affect whether formal probate is necessary.

Does Having a Will Avoid Probate in California?

Not necessarily.

A will provides instructions about who should receive property after someone dies and may nominate an executor to handle the estate.

However, a will by itself does not remove assets from the probate process.

If property was owned individually by the decedent and does not otherwise pass outside probate, formal probate may still be required even when there is a valid will.

A properly established and funded living trust, on the other hand, can allow assets held in the trust to pass through trust administration rather than formal probate.

Who Is Responsible for Handling a Probate Estate?

The person authorized to manage the probate estate is generally called the personal representative.

If the person is named in a will, the personal representative is commonly called the executor.

When there is no will, or when another person must be appointed, the personal representative may be called the administrator.

The probate court ultimately determines who has authority to act for the estate.

Once appointed, the personal representative may be responsible for tasks such as:

• Locating and protecting estate assets
• Identifying real and personal property
• Preparing an inventory of estate assets
• Working with a probate referee when required
• Notifying creditors
• Paying valid estate expenses and debts
• Addressing tax matters
• Maintaining estate property
• Selling property when appropriate and authorized
• Reporting to the probate court
• Distributing remaining assets to beneficiaries or heirs

The personal representative has important legal responsibilities, so executors and administrators should obtain appropriate legal and tax advice when needed.

What Are the Main Stages of Probate in California?

Although every estate is different, formal probate can generally be viewed in three major stages.

1. Opening the Probate Estate

The probate process generally begins by filing a Petition for Probate with the appropriate California Superior Court.

The court schedules a hearing and, if the requirements have been satisfied, appoints a personal representative.

The court may then issue documents giving the personal representative authority to act on behalf of the estate.

2. Administering the Estate

Once appointed, the personal representative begins managing the estate.

This stage may include identifying assets, obtaining valuations, maintaining real estate, handling creditor claims, addressing taxes, selling property when necessary, and completing required reports.

For estates containing real estate, this can become one of the most important stages of the process.

The home may need to be secured, insured, maintained, cleaned out, valued, repaired, or prepared for sale while the probate case continues.

3. Closing and Distributing the Estate

After debts, expenses, taxes, property matters, and other estate issues have been addressed, the personal representative can request authority from the court to distribute the remaining estate assets.

Once the required steps have been completed and the court approves the final distribution, the estate can eventually be closed.

How Long Does Probate Take in California?

California Courts indicates that formal probate commonly takes approximately 9 to 18 months, and complicated cases can take longer.

Factors that can affect the timeline include:

• Court scheduling
• Creditor claims
• Problems locating heirs
• Disagreements among beneficiaries
• Real estate that must be sold
• Tax issues
• Property that is difficult to value
• Litigation or contested matters
• Delays obtaining necessary documents

A relatively straightforward estate may proceed efficiently, while an estate involving disputes or complicated assets can remain open considerably longer.

Does Every Estate Have to Go Through Formal Probate?

No.

California provides several ways property may transfer without a full formal probate proceeding.

Examples can include certain property:

• Held in a living trust
• Owned in joint tenancy with right of survivorship
• With a valid beneficiary designation
• With a transfer-on-death provision
• Passing to a surviving spouse under applicable procedures
• Qualifying for one of California's simplified estate procedures

California changed several simplified transfer limits beginning April 1, 2025. For example, qualifying personal-property estates may use simplified procedures when the applicable estate value is $208,850 or less, and a separate procedure may apply to a decedent's qualifying California primary residence valued at up to $750,000.

These rules contain important eligibility requirements. Families should not assume that an estate avoids probate based only on the value of a home or other asset.

What Happens to a House During Probate?

Real estate is frequently one of the largest assets in a probate estate.

If a home becomes part of the probate estate, the personal representative may need to determine what should happen to the property while the estate is being administered.

Questions often include:

• Who can enter or occupy the property?
• Who pays the mortgage?
• Who pays property taxes and insurance?
• Should personal belongings be removed?
• Should repairs be made?
• How should the property be valued?
• Can the property be sold before probate is completed?
• Do all heirs have to agree to a sale?
• Does the sale require court confirmation?

The answers depend on the estate, the personal representative's authority, the property's ownership, and other circumstances.

Real estate decisions should therefore be coordinated with the probate attorney or other appropriate legal adviser when legal authority is involved.

Can a House Be Sold During Probate?

Yes. California probate real estate can often be sold before the entire probate case is completed.

However, the procedure used to sell the property can depend on the authority granted to the personal representative and whether the estate is being administered under California's Independent Administration of Estates Act, commonly called the IAEA.

Some sales can proceed with greater independence, while others may require additional notices or court confirmation.

Frank's Real Estate Perspective

When real estate is part of an estate, one of the first steps should be understanding the property's actual condition, market value, carrying costs, and realistic sale options before spending substantial estate money.

Some probate homes benefit from repairs, cleaning, landscaping, or other preparation before going on the market. Other properties may produce a better result for the estate by being sold in their present condition.

The right decision depends on the property, the local market, the available estate funds, and the goals and legal authority of the personal representative.

A probate real estate analysis should therefore consider more than simply estimating a home's value. The analysis should also consider condition, marketability, likely repair return, carrying costs, buyer demand, and the expected time required to complete a sale.

Probate Real Estate in Sacramento, Placer and El Dorado Counties

Probate procedures are governed by California law, but the actual probate case is handled through the Superior Court in the appropriate county.

For families dealing with real estate in the Sacramento region, we are developing local probate resources for:

• Sacramento County
• Placer County
• El Dorado County

These local guides provide additional information about probate real estate, local court resources, and considerations that may affect estate property in each county.

Frequently Asked Questions About California Probate

Is probate required if there is a will?

Sometimes. A will does not automatically avoid probate. Whether formal probate is necessary depends largely on how the decedent's assets were owned and whether another transfer procedure applies.

Is probate required if there is a living trust?

Assets properly transferred into a living trust generally pass through trust administration rather than formal probate. Assets left outside the trust may require additional procedures depending on the circumstances.

Who controls the property during probate?

The court-appointed personal representative generally has authority and responsibility for managing probate estate property, subject to California law, court orders, and the authority granted to the representative.

Can heirs sell a probate house themselves?

Heirs should not assume that they personally have authority to sell estate property. The court-appointed personal representative generally handles estate property until the appropriate distribution or transfer occurs.

Can a probate home be sold before the estate closes?

Yes. Probate real estate can often be sold while the probate case remains open, provided the personal representative has the necessary authority and follows the required procedures.

How long does probate usually take?

Formal probate in California often takes approximately 9 to 18 months, although complicated estates can take longer.

Start With the Right Information

Probate does not have to be understood all at once.

For most families, the first step is determining:

1. What property the person owned
2. How the property was titled
3. Whether a trust or beneficiary designation exists
4. Whether formal probate is necessary
5. Who has legal authority to manage the estate
6. What needs to happen with any real estate

From there, the estate's attorney, tax professionals, and real estate professionals can each address the areas within their expertise.