Checklist for Filing Probate in California
File the will with the court within 30 days of death If you’re named in the will, the court will confirm your identity and issue documents authorizing you as a personal representative of the decedent.
Initiate the probate petition If the deceased’s property must pass through full probate, the real first step is filing a petition for probate. This form is provided by California courts and filed in the county where the deceased died or owned real property. Keep in mind, the court may require additional forms depending on the particular situation.
Set a hearing date After you file the petition, the court clerk will set a hearing date for the case. Then, someone will need to send notice of the hearing to all possible beneficiaries of the estate. Any adult not a party to the case can send this notice.
Gather assets and file an inventory and appraisal form Notify the creditors by sending them the notice of administration to creditors form before paying any outstanding debts. Once this step is complete, the probate court will determine who receives the remaining property.
Distribute the assets
Confirm any sales of real estate and file taxes If you sell any real estate, you must file a report of sale and petition for an order confirming sale of real property with the court. Additionally, you must prepare and file an estate tax return if the estate earned any income. Then, you should prepare a final income tax return for the deceased.
File a final plan and accounting After filing taxes, you must file a final plan and accounting with the court. This plan will lay out how you handled the estate as a representative. If the court is satisfied that you correctly carried out your duties, they will release you from all obligations.
