Understanding Probate in California: What Real EstateProfessionals Need to Know
When someone passes away, their assets don’t automatically transfer to loved ones. That’s where probate comes in.
Probate is the legal process required to settle a deceased person’s estate, which includes transferring or inheriting property. Whether or not a case must go through probate depends on the type and value of the assets involved. All assets solely owned by the decedent are considered part of their estate.
Even if a valid will exists, probate may still be necessary. Once a will is located, it must be submitted to the court. The probate process begins when someone—usually a family member or beneficiary—files a petition with the court to open a case and requests the appointment of a personal representative (known as an executor if named in the will, or an administrator if not).
This personal representative is responsible for managing the estate throughout the process, which typically includes:
Gathering and securing all estate assets
Paying off outstanding debts, taxes, and other obligations
Distributing remaining assets to rightful heirs or beneficiaries
Why This Matters in Real Estate
Understanding probate is especially important for real estate professionals. Inherited property sales often depend on court timelines and approvals, which can significantly impact how and when a home can be sold.
California’s Probate Thresholds (As of 2025)
Not all estates in California require formal probate. If the gross value of the estate is under:
$166,250 (for deaths before April 1, 2022)
$184,500 (for deaths on or after April 1, 2022)
—and the person has a legal right to inherit—the estate may qualify for a simplified process. However, in most cases involving real estate, especially in high-value markets like the Bay Area, families typically must go through full probate.
This knowledge empowers agents and clients alike to navigate inherited property sales with realistic expectations and informed decisions.
The Three Main Parts of the Probate Process
1. Opening the Probate Case
The first step is to formally open the probate case in court. The person who initiates the process is known as the petitioner. This step includes:
Filing a Petition for Probate
Paying the required court filing fees
Receiving a scheduled court hearing date
Notifying all heirs, beneficiaries, and interested parties of the hearing
Publishing a legal notice in a newspaper in the county where the decedent lived
At the court hearing, the judge will determine whether to appoint a personal representative to manage the estate.
2. Administering the Estate
Once appointed, the personal representative assumes legal responsibility for managing the estate. This phase includes:
Inventorying and appraising all assets
Notifying known creditors of the probate case
Receiving Letters of Administration or Letters Testamentary, which legally authorize the representative to act on behalf of the estate
Paying debts and taxes from the estate
Providing regular updates and reports to the court
For real estate professionals, this is typically when the representative is authorized to list and sell property owned by the estate.
3. Closing the Estate
Once all financial matters are settled, the estate can be oƯicially closed. The final phase involves:
Filing a Final Report, Accounting, and Petition for Final Distribution (Note: If all heirs sign waivers, a full accounting may be waived)
Scheduling a final hearing to present the report to a judge
Providing legal notice of the hearing (must be done by a neutral third party)
If the judge approves the report and final distribution, the assets are transferred to the rightful heirs, and the probate case is oƯicially closed.