California Probate Court

Probate is the judicial process by which a deceased person’s estate is administered, property is transferred to their rightful heirs, and outstanding debts are settled. While probate is required in certain cases across the U.S., each state determines its own rules and thresholds. In California, large estates are subjected to formal probate procedures, while smaller ones may be transferred using a simplified affidavit process. Understanding how probate works in California, the costs involved, case types, and forms required to initiate the process is important, especially for anyone looking to access probate records in the state.

How the Probate Process Works in California

The probate process in California is a court-supervised procedure that is employed to settle a deceased person’s estate. It begins with filing a petition in the Superior Court of the county where a person lived before their death. A decedent may leave a will before their death, or they may not. If a will exists, the court verifies its authenticity and appoints an executor for the will. Nevertheless, if no will exists, the court appoints an administrator under California intestacy laws.

The personal representative is therefore responsible for notifying heirs and creditors. This representative also prepares an inventory and appraisal of assets. In addition, they settle taxes and debts and distribute the estate(s) to the rightful heirs. Furthermore, this process involves court oversight at every stage of the distribution of assets. The probate process typically takes between 9 and 18 months in California, depending on the complexity of the estate. Nevertheless, if there are disputes regarding the ownership of assets, it may prolong the timeline.

What Are the Costs of Probate in California?

California probate costs are often higher than in other states due to its statutory fee structure for attorneys and executors. Fees are typically calculated as a percentage of the estate’s value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and smaller percentages subsequently. Additional expenses that may be covered during the probate process typically include court filing fees, publication fees, appraisal costs, and executor reimbursements. In certain cases, probate filing fees for large estates may amount to tens of thousands of dollars.

Types of Probate Cases in California

Under California law, the probate process varies depending on the size and nature of the estate:

• Testate Probate - This addresses the administration of an estate following the death of an individual who left a legally valid will.
• Intestate Probate - This refers to the court-supervised process of distributing a deceased’s estate under intestacy statutes when they die without leaving a will.
• Formal Probate - Formal probate is required for estates exceeding $184,500 (as of current thresholds) for small estate affidavits under California Probate Code §13100.
• Simplified or Summary Procedures - These are available for small estates through affidavits or simplified petitions.
• Spousal Property Petitions - Spousal property petitions allow surviving spouses to claim community property without the full probate process.

California Probate Court Forms and Filing Instructions

Probate forms are available through the California Courts website and on individual county Superior Court websites. Typical probate filings include petitions for probate, financial accountings, inventories of assets, and the distribution of estates. In California, there are several requirements for filing probate cases. Parties are provided with standardized statewide forms; also, local courts may have additional requirements to file probate cases.

How California Probate Courts Work at the County Level

Probate cases are handled by the probate division of the Superior Court in each of the state’s 58 counties. Each court follows the statewide probate law but may vary in procedures, filing fees, and how records are accessed.

Below are the top 10 counties by population in California and the probate courts serving them:

1. Los Angeles County Superior Court—It has the largest probate division in the state. Moreover, it offers extensive online services, including electronic filing.
2. San Diego County Superior Court—The San Diego County Superior Court provides easy access to electronic filing across multiple case types, including probate cases.
3. Orange County Superior Court—It offers a simple approach to electronic filing and a well-organized system for managing probate calendars.
4. Riverside County Superior Court—This court efficiently handles both formal and informal probate matters.
5. San Bernardino County Superior Court—It provides resources to assist self-represented litigants who are navigating the probate process.
6. Santa Clara County Superior Court (San Jose): The Santa Clara County Superior Court provides online search tools that provide access to case records.
7. Alameda County Superior Court (Oakland): It provides guidance about probate procedures through its website. Also, it offers information about remote appearances. and resources such as forms.
8. Sacramento County Superior Court: This court offers numerous legal resources to support simplified probate procedures. It provides forms and assists litigants during the small estate affidavit procedure.
9. Contra Costa County Superior Court: Probate cases are centrally filed at the Wakefield Taylor Courthouse in Contra Costa County.
10. Fresno County Superior Court: It handles a significantly large caseload and offers wide-ranging probate self-help resources.

How to Search Probate Records in California

Probate records are generally public unless restricted by law or sealed by court order. These records comprise wills, petitions, inventories, executor information, creditor claims, and final distributions. There are several methods by which the public may view probate records in California. Records may be searched through county Superior Court websites and respective clerk’s offices.

Furthermore, probate records are available on online portals such as the Los Angeles Superior Court’s “Case Access” System. On the contrary, smaller counties may require individuals to visit the courthouse in person before accessing probate records. Certified copies are typically available at the office of the clerk for a fee.