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.
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, total separate property exceeds $166,250 (California threshold), the decedent died without a valid Will, or the Will is being contested.
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 total estate value is under $166,250.
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 worth over $166,250, 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.