When someone dies in California, their assets don’t just automatically transfer to their family. The process is governed by the California Probate Code, the body of state law that spells out how wills are honored, how estates without a will get divided, and how executors and administrators are supposed to do their jobs. Here’s what it actually covers and how it affects heirs waiting on an inheritance.
Quick Answer: What Is the California Probate Code?
The California Probate Code is the set of state laws that governs how a deceased person’s estate is administered and distributed. It covers wills, trusts, intestate succession (what happens when there’s no will), guardianships, conservatorships, and the powers and duties of executors and administrators. Most probate cases in California take 9 to 18 months to close, longer if the estate is complex or contested.
What Does the California Probate Code Cover?
The Probate Code is organized into divisions covering different parts of estate administration. In practice, it touches almost everything that happens after someone dies with property in their name:
- Wills: the legal requirements for a will to be valid, and how assets get distributed according to it.
- Intestate succession: who inherits when there’s no valid will.
- Trusts: rules for setting up and administering a trust, and the duties trustees owe beneficiaries.
- Guardianships: how a guardian is appointed to care for a minor or their property.
- Conservatorships: how a conservator is appointed to manage the affairs of an adult who can’t manage their own.
- Estate administration: the duties of executors and administrators, from filing the initial petition to closing the case.
For definitions of the terms used throughout this process, see our California probate terms glossary.
What Happens Without a Will: Intestate Succession
When someone dies without a valid will, California’s intestate succession laws (Probate Code Sections 6400 through 6455) decide who inherits. The basic hierarchy runs like this: a surviving spouse and children inherit first, with the exact split depending on whether property is separate or community property. If there’s no spouse or children, the estate passes to parents, then siblings, then more distant relatives in order. For a fuller breakdown of how this plays out, see our guide on what happens to a California estate without a will.
Requirements for a Valid Will in California
To be legally valid in California, a will has to meet a few specific requirements under Probate Code Section 6110. The person making the will must be at least 18 years old and of sound mind. The will must be in writing and signed by the person making it. It also needs to be witnessed by at least two people who are present at the same time and understand that the document they’re signing is a will. Skip any of these and the will can be challenged in probate court.
The Probate Process, Step by Step
Once a case is opened, California probate generally follows the same sequence regardless of the county.
1. File a Petition for Probate
The executor or a proposed administrator files a petition with the court, along with the original will (if one exists) and a death certificate.
2. Notify Interested Parties
Heirs, beneficiaries, and known creditors have to be formally notified so they have a chance to participate or object.
3. Inventory and Appraise Assets
Real estate, accounts, and personal property get inventoried and valued as of the date of death.
4. Pay Debts and Taxes
Valid creditor claims and any taxes owed by the estate are paid before anyone receives a distribution.
5. Distribute Assets and Close the Case
Once debts are settled, the executor distributes what’s left to heirs or beneficiaries and files a final accounting with the court to close the case.
Power of Attorney and Guardianship Basics
The Probate Code also governs powers of attorney, the legal documents that let someone (an agent) act on another person’s behalf. A general power of attorney covers a broad range of financial matters, while a durable power of attorney stays in effect even if the person becomes incapacitated. Separately, the code sets out how guardians are appointed for minors and how conservators are appointed for adults who can’t manage their own affairs, both processes designed to protect people who can’t act for themselves.
Need Funds? ProbateLend Can Help
Probate under the California Probate Code can take months, and heirs often need money before the estate closes. A probate advance gives you access to a portion of your expected inheritance now instead of waiting on the court process. There’s no credit check and no monthly payment, just a flat fee deducted from your share once the estate distributes.
Frequently Asked Questions
What is the California Probate Code?
The California Probate Code is the body of state law governing how estates, wills, trusts, guardianships, and conservatorships are handled after someone dies or becomes unable to manage their own affairs.
How long does probate take under California law?
Most California probate cases take 9 to 18 months, though complex or contested estates can take longer.
What happens if someone dies without a will in California?
Their estate passes according to California’s intestate succession laws (Probate Code Sections 6400 through 6455), which distribute assets to a surviving spouse, children, or other relatives in a set order.
Can a will be contested under the California Probate Code?
Yes. Valid grounds include lack of testamentary capacity, undue influence, fraud, or improper execution, such as missing witness signatures.
Can I access my inheritance before probate closes?
Yes. An inheritance advance lets eligible heirs access part of their expected share before the estate distributes, without waiting for the court process to finish. Living trusts can also help some estates avoid probate entirely.
Understanding the California Probate Code is the first step. Getting access to the money that’s already yours doesn’t have to wait on the court calendar. See if you qualify for a probate advance with ProbateLend.
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