Free California Probate Checklist for Executors and Families
Use this step-by-step checklist to navigate the California probate process with confidence. Bookmark this page as you work through each stage.
Lawvex's California guidance on a California probate checklist is now clear and current.
Step 1: Immediate Steps After a Loved One Dies
- Obtain 10-15 certified copies of the death certificate
- Locate the original Will (check safe deposit box, home safe, or attorney)
- Notify close family members and the person named as Executor
- Secure the decedent’s home, property, and valuables
- Forward mail to the Executor’s address
Step 2: Locate Important Documents
- Will and any Trust documents
- Birth certificate and marriage certificate
- Property deeds and vehicle titles
- Bank and investment account statements
- Life insurance policies
- Retirement account statements (IRA, 401k, pension)
- Tax returns (last 3-5 years)
- Digital asset inventory (passwords, online accounts)
Step 3: Does the Estate Need Probate?
Probate is generally required if: The decedent owned real estate in their name alone, qualifying personal property, cash, and cash equivalents exceeded $208,850 for deaths on or after April 1, 2025, the decedent died without a valid Will, or the Will is being contested. The $208,850 threshold applies only to qualifying personal property, cash, and cash equivalents; it is not a limit for real estate.
Probate is generally NOT required if: All assets are held in a living trust, assets pass directly to a surviving joint tenant, assets have named beneficiaries (life insurance, retirement accounts), or the estate qualifies for California’s simplified transfer procedures. For people who die on or after April 1, 2025, qualifying personal property, cash, and cash equivalents at or below $208,850 may qualify for a simplified transfer procedure.
Real estate has separate rules: A California Small Estate Affidavit does not transfer real estate, even when personal property is below $208,850. A principal residence valued under $750,000 may qualify for summary probate, while non-residence real property or real property valued over $750,000 generally requires full probate.
Step 4: Probate Process Timeline
- Weeks 1-3 (Filing): File Will with superior court, file Petition for Probate, pay filing fee, obtain Letters Testamentary
- Weeks 3-6 (Notice): Publish notice in local newspaper, notify beneficiaries and legal heirs, notify creditors
- Weeks 6-12 (Inventory): Prepare complete inventory of estate assets, obtain appraisals, file Inventory and Appraisal
- Months 4-7 (Administration): Wait for 4-month creditor claim period, pay valid debts, file tax returns
- Months 7-12 (Distribution): File final tax returns, prepare final accounting, distribute assets to beneficiaries, petition for discharge
When to Hire a California Probate Attorney
Consider hiring an experienced California probate attorney if: the estate includes real property or does not qualify for California’s simplified transfer procedures, there are multiple heirs with potential disagreements, the Will is being contested, there are complex assets (business interests, multiple properties), out-of-state property is involved, or you are unfamiliar with California probate procedures.
About Lawvex
With over 6,400 estate plans completed and 100+ active probate cases annually, Lawvex has guided thousands of California families through the probate process. We offer fixed-fee probate representation with transparent pricing, executor guidance, and virtual consultations throughout California.