Blog Post
How Does the Probate Process Work in California?
7/20/2025
The probate process in California can be complex and often overwhelming, particularly for those managing jointly-owned property. Understanding the steps involved is essential for ensuring that assets are distributed per the deceased’s wishes.
Filing The Petition: An interested party files a petition for probate in the appropriate court to initiate the process. The court then validates the will and appoints the named executor or administrator if no will exists.
Notification Of Heirs: The court notifies all heirs or beneficiaries about the probate proceedings.
Inventory Of Assets: The personal representative compiles a detailed inventory of the decedent’s assets, including jointly owned property.
Settling Debts: The executor or administrator settles any outstanding debts and obligations of the estate.
Distribution Of Assets: The executor or administrator allocates the remaining assets following the will or California law.
Closing The Estate: The appointed individual files a final accounting with the court to close the probate case.
Challenges may arise as the probate process unfolds, particularly concerning jointly-owned assets. Disputes can stem from disagreements among heirs, beneficiaries, or co-owners regarding the management or distribution of these properties.
Additionally, complexities may arise when determining the value of the assets, settling debts, or addressing potential claims from creditors. It’s crucial for those involved to understand their rights and responsibilities and the possible legal implications of any disputes that may arise.
San Diego Probate Attorneys
San Diego, CA 92101