Probate Summary
The Probate process in California is designed to primarily accomplish the following:
- Open Court Case in Proper Jurisdiction
- Establish Last Valid Will of Decedent, if any
- Establish “Personal Representative” (e.g. an “Executor”) and give powers to, or restrict powers of, the Personal Representative
- Establish Bond Amount, if Necessary
- Determine Probatable Assets of the Decedent
- Determine Valid Debts of Decedent
- Pay Creditors / Administrative Costs
- Distribute Assets of the Decedent to the Beneficiaries/Heirs.
The time for a probate to be conducted varies. At a minimum, a probate takes 6-8 months from filing the first court papers, but it usually goes closer to 12 months if there are no problems. If there are objections to any issue, such as those detailed above, probates can last many years absent proper administration.
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