Facing the loss of a loved one is a very emotional and stressful time, and the last thing on your mind is thinking about having to legally fight other family members over their estate. Sadly, it can happen, even if your loved one has properly set up an estate plan. This could leave you wondering, do all estates have to go through probate in California? Understanding how probate works from a California probate attorney can help.

What Is Probate?

Probate is a formal legal process where the court oversees the transfer of a deceased person’s assets to living beneficiaries. The court can also determine that any debt or unpaid taxes left by the deceased are paid off.

How elaborate the probate process is depends on the type of estate planning the deceased person established. For example, if your loved one has a properly set up estate plan with a will and named beneficiaries, their estate may enter probate just for the court to validate that all is set up properly. Unfortunately, almost 55% of Americans have no estate documents.

Probate cases without wills, or if family members have conflicting thoughts over who the rightful heirs are to a person’s estate, are much longer, more elaborate processes, requiring evidence gathering and representation in the San Diego County Superior Court.

Understanding California Probate Laws

Any estate, with or without a will, may potentially go through the probate process. However, California Probate Code Section 13100 states that only estates totaling over $166,250 as of January 2025 must go through probate.

A San Diego County estate planning or probate attorney can review your loved one’s estate plan, will, and assets to let you know whether you need to go through the probate process.

If you need to go through probate, your probate lawyer will walk you through the process of:

• Filing a petition with the court to open probate, which formally submits the person’s will to the court and allows the judge to officially appoint an executor, even if the deceased had already named them as such in their will.
• The court will issue a notice of hearing, notifying potential beneficiaries about four to six weeks after filing. Under California Probate Code Section 8270, potential beneficiaries have up to 120 days to contest a will from the date probate is filed with the court.
• The court-appointed executor will be tasked with constructing a complete inventory of the deceased’s assets to have them appraised.
• Any creditors who wish to make claims against the deceased’s estate have up to four months to do so.
• Once probate is finished, the court-appointed executor may petition the court to close probate and make final distribution decisions on the estate’s assets.

Due to complex assets such as the selling of real estate, major tax issues, or potential heirs contesting the will, the timeline for the probate process to conclude will vary. A skilled attorney can review your case and help determine how long it may take for your case to settle.

Hire a Probate Lawyer in San Diego County

Depending on your situation, the probate process can be emotional, stressful, and downright daunting. Especially if you have family members contesting a will, large amounts of unpaid debt left by the deceased, or complex assets like real estate or the transfer of business ownership, having a California probate attorney at your side is crucial for the most favorable outcome for you and your family.

Your Southern California probate lawyer can help with: 

• Filing all probate documents and the deceased person’s will with the court.
• Overseeing the collection, management, and assessment of all assets.
• Assist with notifying creditors and helping to settle outstanding debts and taxes.
• Gathering evidence and building a strong case against family members who contest the will.
• Help with the final distribution of assets to all rightful beneficiaries.

FAQs

Q: What Can Cause Delays With Probate Proceedings in California?

A: There are several reasons why probate proceedings may be delayed in California, including improperly filed court documents, contesting of the will by family members, a large amount of debt that needs to be settled, and complex estate assets that may require more time to deal with, such as real estate in other states or business ownership transfers.

Q: Is There a Way to Avoid Probate in California?

A: There are a few ways in which an estate may avoid the probate process in California. We highly recommend establishing a revocable living trust as part of your estate plan, where the trust itself owns your assets, for which you become the trustee and keep full control over while still alive. Then, when you pass on, all assets are privately passed down to whomever you choose as your beneficiaries, typically allowing them to bypass probate entirely.

Q: Can I File Probate Myself in California Without a Lawyer?

A: While you can file probate without an attorney in California, the intricacies of the California probate system can be overwhelming for those without a legal background. Complex legal standards combined with the difficulty of losing a loved one can lead to a variety of mistakes. A San Diego County probate attorney can help file forms correctly and provide you with the support you need through the entire process.

Q: How Long Do I Have to File Probate After a Death in San Diego County?

A: While there is no strict deadline as to when you need to file probate after a death in San Diego County, the court system recommends filing between 30 and 60 days after a death. However, it is important to remember that California Probate Code Section 8001 states that the overseer of a will must present it to the clerk of the San Diego County Superior Court within 30 days of learning of the person’s death.

San Diego County Probate Lawyer

Protect your assets and your loved ones by setting up an estate plan with Paul V.L. Campo Attorney at Law that will make the probate process as easy as possible for your family. Attorney Campo has more than 40 years of experience helping San Diego County residents set up a full estate plan to help you care for your loved ones even after you have passed.

Contact our office today to set up an appointment to learn more about how we can help with estate planning and the probate process.