The California Probate Process: A Step-by-Step Guide for Families

When a loved one passes away, families are often left to navigate not only their grief but also a complex legal process: probate. If you're facing the probate process in Los Angeles, understanding what to expect can ease your stress and help you make informed decisions.

At the Law Office of Mitchell A. Port, we guide families through probate every step of the way. Below, we break down the process into clear, manageable stages— including timelines, costs, and common challenges—so you can move forward with confidence.

What Is Probate in California?

Probate is the legal process of settling a deceased person's estate, identifying assets, paying debts, and distributing property to heirs. In California, probate is overseen by the Superior Court in the county where the decedent lived, such as Los Angeles County.

Step-by-Step Guide to the Probate Process in Los Angeles

Step 1: Filing the Petition

Timeline: Any time after death
To begin probate, a petition must be filed with the Los Angeles County Probate Court. This petition asks the court to officially appoint a personal representative (executor or administrator) of the estate.

Tip: The petition includes details like the decedent’s will (if there is one), the estimated value of the estate, and a list of heirs.

Step 2: Notifying Heirs and Creditors

Timeline: Immediately after petition filing
Once the petition is filed, California law requires formal notice to all heirs and known creditors. The notice must also be published in a local newspaper.

Step 3: Court Hearing and Appointment of Personal Representative

Timeline: 4–6 weeks after filing
If there are no objections, the court will appoint the personal representative, granting them Letters Testamentary or Letters of Administration — official documents that allow them to act on behalf of the estate.

Step 4: Inventory and Appraisal of Estate Assets

Timeline: Within 4 months of appointment
The personal representative must identify, locate, and inventory all assets of the estate. This includes real estate, bank accounts, personal property, and more. A court-appointed probate referee will appraise certain assets.

Step 5: Paying Debts and Taxes

Timeline: Ongoing
The estate must pay off any outstanding debts, including funeral expenses, taxes, and valid creditor claims. It’s critical to handle this step correctly to avoid personal liability and to not pay more than necessary.

Step 6: Petitioning for Final Distribution

Timeline: 9–12 months after appointment
Once all debts and taxes are resolved, the personal representative can petition the court to distribute remaining assets to heirs and close the estate.

Probate Costs in California

Probate costs can vary, but common expenses include:

• Court filing fees
• Probate referee fees
• Attorney fees (set by statute, based on estate value)
• Bond premiums (if required)
• Newspaper publication charges

For example, an estate valued at $500,000 would incur approximately $13,000 in statutory attorney and executor fees each.

Common Challenges in the Probate Process

• Family disputes over the will or distribution
• Difficulty locating or valuing assets
• Creditor claims and tax issues
• Delays due to incomplete documentation

Having an experienced California probate attorney can help avoid or resolve these issues before they derail the process.

Do All Estates Go Through Probate?

Not necessarily. Some assets can bypass probate if they are held in a trust, designated with a transfer-on-death beneficiary, or jointly owned with rights of survivorship. Working with an estate planning attorney can help you set this up in advance.

Call a Trusted Probate Attorney in Los Angeles

The probate process can be overwhelming, but you don’t have to face it alone. Attorney Mitchell A. Port offers knowledgeable, compassionate guidance to families across Los Angeles and Southern California.

Whether you're just beginning the process or facing challenges with an existing probate case, we’re here to help.