Understanding Probate in California

Everyone has an estate plan — whether they created one or not. If you have not made a will or trust, your plan is dictated by the laws of the state where you reside. Making a will does not avoid probate — probate is the court procedure that changes legal ownership of your property after death. The probate court verifies the will's validity, appoints the executor, and supervises the administration of the estate.

A will alone is not sufficient to transfer property. The will must be admitted to probate and the estate must be formally administered. The five purposes of estate administration are: (1) to determine that the decedent is in fact dead, (2) to establish the validity of the will, (3) to identify the heirs and devisees, (4) to settle any claims creditors may have against the estate, and (5) to distribute the property.

The steps of a normal uncontested probate include: (1) death of the decedent, (2) will delivered to executor or Court Clerk, (3) petition filed for Probate of Will or Letters of Administration, (4) hearing on the petition, (5) Letters of Administration issued by the Court, (6) notice to creditors, (7) inventory and appraisement by an independent probate appraiser, (8) federal estate tax return filed, (9) final accounting and petition for distribution, (10) final decree of distribution, and (11) discharge of personal representative.

Key terminology: 'Testate' means the person died with a will; 'Intestate' means they died without one. An 'Executor' carries out the will's directions; an 'Administrator' is court-appointed when there is no will. A 'Public Administrator' is a state-appointed person or entity who acts when there is no will and no known relatives.

Real property can be sold while 'in probate' — either at private sale (where the executor negotiates with a buyer) or at public auction. Probate sales may require court confirmation, adding time and procedural requirements. The personal representative must have legal authority granted by the probate court before the title company can insure the transaction.

Team Goeglein at Fidelity National Title has handled probate transactions across the South Bay and Westside LA for decades. Matt Goeglein and Xavier de la Piedra IV coordinate with probate attorneys to ensure all court requirements and title requirements are satisfied before closing.