Probate Division
Probate is the legal process that you must follow to transfer or inherit property after the person who owned the property has passed away.
Probate Process
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Open a Probate Case
File a petition for the judge to appoint a personal representative to the estate.
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Inventory and estimate property value
Follow these steps to help decide whether or how property can be transferred.
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Check if you can use a simple process to transfer property
Not all estates need to go through formal probate. Depending on how the property is owned, and the type and amount of property, you may not need to go to court or you may be able to use a simpler court process.
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Formal probate
A formal probate case has 3 main parts: opening a case, administering the estate, and closing the estate. The entire process typically takes 9 to 18 months and can sometimes take even longer.
Where to Get More Info
Helpful pamphlets that explain how to write a will and how to do estate planning usually are available free from our Self-Help Center. There is also more information about wills, estates, and probate on the California Courts Self-Help website.
You may also wish to consult with an attorney, especially when multiple heirs or varied types of assets are involved.