Stepping into the role of executor or heir can feel overwhelming. You’re navigating grief while managing legal responsibilities, court deadlines, and mountains of paperwork. The good news? With the right preparation, you can move through the probate process more smoothly and with less stress.
This checklist breaks down what you need to organize and prepare as you begin the California probate journey. Whether you’re an executor managing the estate or an heir waiting for your inheritance, these steps will help you stay organized and avoid common pitfalls.
Understanding Your Role in Probate
Before diving into the checklist, it’s helpful to understand who does what during probate.
Petitioners (also called executors if named in a will, or administrators if there is no will) are responsible for managing the deceased’s estate through probate. Their duties include filing court paperwork, inventorying assets, paying debts, and distributing the inheritance to heirs.
Heirs are the beneficiaries who will receive assets from the estate. While heirs don’t have the same legal duties as executors, staying informed and organized helps ensure the process moves forward efficiently.
Both roles come with their own challenges, especially when probate takes longer than expected or unexpected costs arise.
Essential Documents You’ll Need
Getting your documents in order is the first major step. Missing paperwork can cause delays that stretch the probate timeline by weeks or even months.
Death Certificate
You’ll need multiple certified copies of the death certificate. Request at least 10 copies from the county registrar or funeral home. These are required for:
- Opening the probate case
- Accessing bank accounts
- Claiming life insurance benefits
- Transferring property titles
- Closing credit accounts
The Will (If One Exists)
Locate the original will as soon as possible. California courts require the original document, not a photocopy. Common places to check include:
- Home safe or filing cabinet
- Safety deposit box
- Attorney’s office
- With a trusted family member
If no will exists, the estate will be distributed according to California intestacy laws, which follow a specific order of inheritance.
Financial Records
Gather all financial documents related to the deceased person’s assets and liabilities:
- Bank statements (checking, savings, money market accounts)
- Investment account statements
- Retirement account information (401k, IRA, pension)
- Property deeds and mortgage statements
- Vehicle titles and registration
- Business ownership documents
- Insurance policies (life, property, health)
- Tax returns (last 3 years recommended)
Debt and Liability Documentation
You’ll also need records of what the estate owes:
- Credit card statements
- Outstanding loan documents
- Medical bills
- Utility bills
- Property tax statements
Step-by-Step Probate Preparation Checklist
For Executors
1. File the Petition for Probate
Visit the superior court website in the county where the deceased lived. You’ll need to file a Petition for Probate (Form DE-111) along with the original will and death certificate. The court will schedule a hearing, typically within 30 days.
2. Notify All Interested Parties
California law requires you to notify all heirs, beneficiaries, and creditors about the probate case. This includes:
- Mailing notice to everyone named in the will
- Publishing notice in a local newspaper
- Sending notice to known creditors
3. Obtain Letters Testamentary
After your court hearing, the judge will issue Letters Testamentary (or Letters of Administration if there’s no will). This legal document proves your authority to act on behalf of the estate.
4. Open an Estate Bank Account
Open a separate checking account in the estate’s name. This keeps estate funds separate from personal finances and creates a clear paper trail for the court.
5. Inventory and Appraise Assets
Create a detailed inventory of all estate assets and their values. You may need professional appraisals for:
- Real estate
- Business interests
- Valuable collections or artwork
- Antiques or jewelry
File the inventory with the court using Form DE-160.
6. Pay Valid Debts and Expenses
Review all claims against the estate and pay legitimate debts, including:
- Funeral expenses
- Outstanding medical bills
- Credit card balances
- Mortgage payments
- Property taxes
Keep detailed records of all payments made from the estate account.
7. File Tax Returns
The estate may need to file:
- The deceased’s final personal income tax return
- Estate income tax returns (if the estate earns income)
- Federal estate tax return (if the estate exceeds $13.61 million in 2024)
8. Distribute Assets to Heirs
Once debts are paid and the court approves your final accounting, you can distribute the remaining assets to heirs according to the will or intestacy laws.
9. Close the Estate
File a final petition with the court showing all actions taken, including income received, expenses paid, and distributions made. Once approved, the court will discharge you from your duties.
For Heirs
1. Stay Informed About the Case
Request regular updates from the executor about the probate timeline and any issues that arise. You have the right to review court filings and attend hearings.
2. Provide Required Information
Respond promptly if the executor requests:
- Contact information
- Tax identification numbers
- Banking details for distributions
- Signatures on legal documents
3. Understand Your Rights
California law gives heirs certain rights during probate, including:
- Receiving notice of all court hearings
- Reviewing the estate inventory
- Objecting to the executor’s actions if needed
- Requesting a formal accounting
4. Plan for Inheritance Taxes
While California has no state inheritance tax, you may owe federal taxes depending on the estate’s value. Consult with a tax professional to understand your obligations.
5. Consider Your Financial Needs
Probate in California typically takes 9 to 18 months, sometimes longer for complex estates. If you need access to funds sooner, you have options:
- Request a family allowance from the court for immediate family members
- Explore probate advances that provide cash against your expected inheritance
A probate advance isn’t a loan. There’s no credit check, no monthly payments, and you only repay from your inheritance when the estate settles.
Common Probate Challenges and Solutions
Probate Takes Too Long
California probate can stretch beyond a year due to court backlogs, complicated estates, or disputes among heirs.
Solution: Stay organized with your documentation, respond quickly to executor requests, and maintain open communication with all parties involved. If you need immediate cash, consider a probate advance to cover expenses while waiting for distribution.
Unexpected Costs Arise
Probate fees, attorney costs, property maintenance, and other expenses can add up quickly.
Solution: Budget for typical California probate costs, which include court fees (based on estate value), executor fees, attorney fees, and appraisal costs. Keep detailed records of all expenses for the final accounting.
Disagreements Among Heirs
Family conflicts can slow the probate process and create additional legal expenses.
Solution: Consider mediation to resolve disputes outside of court. Clear communication and transparency from the executor can prevent many conflicts before they escalate.
Property Needs Immediate Attention
Real estate in the estate may require repairs, maintenance, or mortgage payments during probate.
Solution: The executor can request court approval to sell property or use estate funds for necessary expenses. Heirs may want to consider a probate advance to cover urgent property-related costs.
How Much Will Probate Cost?
California uses a statutory fee schedule based on the estate’s gross value (before debts). Both the executor and attorney can claim fees using this schedule:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
For example, a $500,000 estate could generate up to $13,000 in executor fees and another $13,000 in attorney fees.
Additional costs include court filing fees (around $435), publication fees ($200-$500), appraisal fees (varies by asset), and accounting fees if needed.
When You Need Cash During Probate
Waiting months for probate to close can create financial strain, especially if you’re facing:
- Mortgage or rent payments
- Medical bills
- Credit card debt
- Education expenses
- Daily living costs
Probate advances offer a way to access your inheritance early without taking on debt. The process is straightforward:
- Apply online with basic information about your probate case
- Receive a quote within 24 hours
- Sign documents electronically
- Get funds by wire transfer or check in 24-48 hours
There’s no credit check, no monthly payments, and no risk to other heirs. You simply repay the advance plus a flat fee when the estate distributes your inheritance.
Moving Forward with Confidence
Probate doesn’t have to be a confusing maze. With proper organization, clear communication, and access to trusted resources, you can navigate the process more smoothly.
- Start by gathering the documents listed in this checklist.
- Stay in regular contact with your executor or attorney.
- If you need financial support during probate, explore quick cash solutions that don’t require credit checks or monthly payments.
Reliable providers like Probatelend offer straightforward probate advances, allowing you to access funds without unnecessary complications. For a broader range of options, visit Inheritancelender.com, where you can find inheritance lenders who understand your state’s specific probate laws.
Whether you’re managing an estate as an executor or waiting for your inheritance as an heir, taking these preparatory steps now will save time and reduce stress later.
If you need immediate cash while your probate case proceeds, you can get a free quote on a probate advance in minutes, with funds available in as little as 24 hours.