When Do You Have to File for Probate in California?

One of the most common questions families ask after losing a loved one is, “Do we need to file for probate in California?” The answer depends on several factors, including what assets the person owned, how those assets were titled, and whether a trust or beneficiary designations were in place. Probate is the legal process used by the court to appoint a personal representative — either an executor or administrator — to manage and distribute the deceased person’s estate. When real estate is involved, understanding whether probate is required becomes especially important to avoid delays, unnecessary expenses, and added stress during an already emotional time.

In California, probate is typically required when someone passes away owning property solely in their name without a living trust or beneficiary designation. If the total value of the estate exceeds certain thresholds or includes real property that cannot transfer automatically to heirs, a probate case must usually be opened with the county court where the person lived or owned property. The court then appoints a personal representative who is responsible for securing assets, paying debts, communicating with beneficiaries, and ultimately transferring or selling property as needed. While smaller estates may qualify for simplified procedures, many families are surprised to learn that probate is still necessary when proper planning was not completed in advance.

Timing also matters when filing for probate. Delays can create complications such as unpaid property taxes, insurance issues, deferred maintenance, or disputes among heirs. If a property sits vacant, the estate remains responsible for utilities, insurance, and potential liabilities. Filing promptly helps protect the estate, preserves property value, and allows the process to move forward efficiently. A knowledgeable probate professional can help guide families through the early steps so that mistakes and unnecessary expenses are avoided.

If you are unsure whether probate is required for your situation, it’s always wise to seek guidance early. Every estate is unique, and small details can make a big difference in how the process unfolds. As a Certified Probate & Trust Specialist, I help families navigate inherited properties, understand their options, and move forward with clarity and confidence. My goal is to provide education, support, and trusted guidance during what can be a challenging transition. If you have questions about probate or inherited real estate in California, I invite you to reach out — you don’t have to navigate this process alone.