What is Probate? A Simple Guide for California Families

Probate is a legal process that takes place after someone passes away, and it can feel overwhelming if you’re hearing the term for the first time. In California, probate is essentially the court-supervised way of making sure a deceased person’s debts are paid and their remaining assets are distributed to the right heirs or beneficiaries. While it might sound complicated, the purpose is to protect everyone involved—creditors, heirs, and the estate itself.

For families, probate usually begins when the executor named in a will, or a court-appointed administrator if there’s no will, files paperwork with the probate court. This filing officially opens the case and starts the process of gathering the deceased person’s property, accounts, and debts. From there, the court ensures everything is handled according to California law.

One of the most important parts of probate is making sure debts are taken care of before distributing what’s left. This includes things like mortgages, medical bills, and credit card balances. Once creditors have been notified and valid debts are paid, the executor or administrator can focus on transferring ownership of property to the rightful heirs.

Probate isn’t always necessary. In California, smaller estates (under a certain dollar limit) may qualify for simplified procedures. But if real estate is involved or the estate is large, probate is often required. This is why understanding the basics is so helpful—it sets realistic expectations.

Although the process can take months (and sometimes over a year), families who know what probate is and why it exists usually feel more confident. Instead of just reacting to deadlines and court notices, you’ll have a roadmap to follow. Probate may be challenging, but it’s designed to provide fairness and clarity during a difficult time.