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State Laws
Probate in California
Petition for Probate
After a person dies in California, the individual in charge of their Last Will and Testament has 30 days to submit it to the clerk of the superior court in their county and send a copy to the executor or a named beneficiary.[4]
If an executor is named in the will, they are required to file a petition to begin probate within 30 days of discovering the decedent’s death to avoid losing their appointment.[5]
To begin the probate of a will, a Petition for Probate must be filed with the superior court in the county where the decedent was a resident.[6] The executor will be issued Letters Testamentary, authorizing them to oversee the estate’s probate and distribution.
After the estate has been distributed to its beneficiaries, the executor will file a Petition for Final Discharge and Order to close the probate. If a federal estate tax return is required, the petition must be filed within 18 months after Letters Testamentary were issued (one year if no federal return was required).[7]
Small Estates
If an estate’s probate assets are valued at $166,250 or less and don’t include real property, the court probate process may be avoided.[8]
To distribute an estate that qualifies for the simplified process, a successor must complete an Affidavit for Collection of Personal Property and file the required forms with the superior court.