If you’ve recently lost a loved one, first of all, we want to extend our sincere condolences. Losing someone close to you is hard enough without having to navigate a maze of legal terms and paperwork.
One of the first steps in settling a loved one’s estate in California is often filing something called a probate petition.
The estate lawyers at Best Coast Estate Law, P.C., help families throughout California understand what probate is and how to move through the process as smoothly as possible. Ideally, our trust and estate attorney tries to avoid the entire process, when possible, due to filing fees and other costly procedures. You can read about our approach on how to avoid California probate in our recent article.
However, if you’re the named executor in a will, or a surviving spouse, it’s important to know about the probate petition.
Probate Court in California: A Quick Refresher on the Legal Process
Probate is the legal process of administering a person’s estate after they pass away. In California, the probate process can involve validating a will, identifying and valuing assets, paying debts and taxes, and distributing what’s left to the rightful heirs.
The California probate process ensures that the estate is legally managed, all debts are resolved, and the remaining assets are distributed to the proper parties under court supervision.
If someone dies with a will, the court uses it to determine how the estate is distributed. If there’s no will, the estate is distributed according to California’s intestate succession laws. Either way, probate often starts with one key document: the probate petition.
How Does a Probate Petition Work?
A probate petition is a formal request filed with the California probate court asking the court to open a probate case and appoint someone to manage the estate. That person is typically called an executor if there’s a will, or an administrator if there’s no will.
The petition essentially tells the court:
- That the person has passed away
- Whether or not they had a will
- Who is requesting to be appointed as the personal representative
- Who the heirs or beneficiaries are
- What assets may be part of the estate
This document sets the wheels in motion for the court to oversee the probate process.
Who Files the Probate Petition?
In most cases, the person named as the executor in the will files the petition. If there’s no will, it’s usually the closest living relative—such as a spouse, adult child, or sibling—who files the petition and requests to be appointed as administrator. In every case, the probate process begins when a personal representative is officially appointed by the court.
Sometimes, more than one person may want to serve as administrator, or there may be a dispute over who should serve. In those cases, the court steps in to decide who’s best suited for the role.
What’s Included in a Probate Petition?
Filing a probate petition in California isn’t just about filling out a single form. The petition itself (typically Form DE-111) includes detailed information, and it must be filed along with several supporting documents. These might include:
- The original will (if one exists)
- A certified copy of the death certificate
- A list of known heirs and beneficiaries
- An estimate of the estate’s value
- A proposed order for the court to sign
The petition must also include a request for a court hearing, during which the judge will either approve or deny the petition. Once approved, the personal representative takes on the full legal responsibility of overseeing the probate process and managing the estate’s affairs.
When Do You Need to File Paperwork After Someone Dies?
You generally need to file a probate petition if the decedent owned property, or had other assets that aren’t automatically transferred to a beneficiary (like assets in a trust, joint accounts, or life insurance with a named beneficiary). In California, if the value of the probate estate exceeds $184,500 (as of 2024), a full probate proceeding—and therefore a probate petition—is usually required.
If the estate is under that threshold, our California estate attorney may be able to use simplified procedures like a small estate affidavit or a spousal property petition to help you, which are usually much faster and less expensive.
What Happens Next?
Once you file a probate petition, the court sets a hearing date. The petitioner must notify all interested parties (heirs, beneficiaries, and sometimes creditors) about the hearing. If no one objects, and the paperwork is in order, the judge may approve the petition and issue Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t one).
The Letters Testamentary and Letters of Administration give the personal representative the legal authority to collect personal property, pay debts, file income taxes for the estate, and eventually distribute the estate’s assets to the heirs.
The formal probate process can take anywhere from 9 to 18 months, depending on the complexity of the estate, whether or not there are any disputes, and how quickly documents are filed with the court and approved.
Need Help Filing a Probate Petition?
A probate case can feel like a lot to handle, especially when you’re already grieving. But you don’t have to do it alone. Our trust and estate lawyer at Best Coast Estate Law, P.C. has years of experience guiding California families through probate cases and estate administration with compassion, clarity, and efficiency.
Whether you’re facing a full probate case or just trying to figure out if one is necessary, our entire legal team is here to help you understand your options and move forward with confidence.
Ready to talk? Schedule a consultation with us today. We’ll walk you through the probate process step-by-step, answer all your questions, and help you make the best decisions for your family.
