California’s Probate Process Explained

The probate process is court-approved and involves the transferring of the assets of a deceased individual to the beneficiaries listed on their will. The process is usually set in motion by the person you have chosen as the executor of your will. Upon your death, he or she will seek an appointment by filing a petition in court.

Once court approval has been received, you executor can then take control of your assets, paying off debts first before distributing the remainder of your estate among your beneficiaries. If you pass without having made a will (intestate), a relative or friend can begin the probate process. In such cases, the court would appoint an administrator to handle your estate. The administrator is often referred to as a personal representative, and essentially does the same job as an executor. When you are transferring property to a spouse after your death, or have an estate valued at less than $150,000, the process is much simpler.

There are definite pros and cons to be found in the probate process. The probate court can quickly and effectively handle any disputes that may arise concerning the distribution of your estate, as they have clearly defined rules in place. The courts will also review how the personal representative handles the estate, which is to the benefit of the beneficiaries. The major downside is the public nature of probates, with all of your assets and their value becoming public record. There are also lawyer’s fees and executor’s commissions to consider, which may end up making the process more costly than performing a similar task under a living trust. The probate process generally takes longer to complete than distributing the estate via a living trust. It’s best to talk to an estate planning lawyer first before making any future plans.