Probate Law Attorney in California
Probate is the legal process of administering a deceased person’s estate, resolving debts, and distributing assets to heirs or beneficiaries. In California, probate is overseen by the Superior Court and can be complex, time-consuming, and emotionally challenging for families. At California Probate, we focus exclusively on probate law, offering guidance and representation throughout every step of the process to ensure our clients understand their rights and responsibilities.
The Probate Process
The probate process begins by filing a petition with the court in the county where the deceased resided. If there is a will, the court will confirm its validity and appoint the named executor. If there is no will, or if the named executor is unable or unwilling to serve, the court will appoint an administrator, typically a close relative. Once appointed, the personal representative is responsible for managing the estate through the probate process.
Key responsibilities during probate include identifying and inventorying the deceased’s assets, notifying creditors, paying outstanding debts and taxes, and distributing remaining assets to the rightful heirs or beneficiaries. The representative must also keep detailed records and file required documents with the court. Depending on the size and complexity of the estate, probate in California can take anywhere from several months to more than a year.
When Probate Is Required
Not all estates in California require probate. If the total value of the estate is under a certain threshold (currently $184,500 as of 2025), a simplified process known as a small estate affidavit may be used instead. In addition, assets held in a living trust, jointly owned property, and accounts with designated beneficiaries typically pass outside of probate. However, when probate is required, it’s crucial to have experienced legal counsel to ensure compliance with California’s strict probate laws and deadlines.
Common Probate Challenges
Even straightforward probate cases can involve complications. Disputes may arise between heirs, beneficiaries, or creditors, particularly if the validity of the will is questioned or if someone is dissatisfied with their share of the estate. In other cases, locating all of the deceased’s assets or resolving creditor claims may prove difficult. At California Probate, we handle contested matters with sensitivity and skill, working to resolve disputes efficiently and protect our clients’ interests.
How We Help
At California Probate, we assist executors, administrators, and family members throughout the entire probate process. From the initial court filings to the final distribution of assets, our firm ensures that every legal requirement is met and every detail is managed correctly. Whether you are navigating a simple estate or dealing with a complex or contested matter, we provide clear communication, practical advice, and strong advocacy.
With deep knowledge of California probate law and a commitment to compassionate service, California Probate is here to guide you through a difficult time with professionalism and care. If you have questions about a probate matter or need help administering an estate, contact us today to schedule a consultation.