Probate is the formal, court-directed process used to settle the financial and legal matters of someone who has passed away. In California, a probate proceeding becomes necessary when a person dies owning more than $184,500 in assets titled solely in their name. Generally, the procedure unfolds in three main phases. The court first appoints a representative to administer the estate, which includes identifying, valuing, and documenting all assets and obligations. The next step involves resolving all legitimate debts and claims against the estate. Once these responsibilities are met, whatever remains is distributed either according to the instructions in a valid Will or, if no Will exists, based on California’s inheritance laws.
Because probate in California is a public process and can be both time-consuming and costly, many individuals choose to implement thoughtful estate planning strategies that allow their families to avoid probate altogether.