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California Probate · Knowledge Base

Settling a California estate,
explained clearly.

 

Straight answers to the questions families actually ask — what probate is, what it costs, how to avoid it, and how to handle it all when you live in another state or overseas.

42

guides

5

categories

Updated

Updated for 2026 California law

Probate Basics

7 articles

Start here. What probate is, how long it takes, what it costs, and who guides you through it.

What Is Probate in California?
 

The court process for settling a deceased person's estate — explained simply.

How Much Does Probate Cost in California?
 

California sets attorney and executor fees by statute — here's the math.

What Does a Probate Attorney Do?
 

From the first petition to final distribution — the role, in plain terms.

How Long Does Probate Take in California?
 

A realistic timeline — and what tends to speed things up or slow them down.

What Happens If Someone Dies Without a Will?
 

California's intestacy rules decide who inherits — and they may surprise you.

How to Start Probate in California

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The first filings, who can petition, and what actually happens in the first 60 days.

Bank Accounts After a Death

​

What banks require before releasing a decedent's accounts, and when you need Letters.

Serving as Executor or Administrator

5 articles

Getting appointed, posting a bond, protecting estate cash, and valuing assets.

How Do You Qualify as Administrator?
 

Who has the right to be appointed when there's no named executor.

What Is a Blocked Account?
 

A court-locked account that can reduce or eliminate the bond requirement.

What Is a Probate Bond?
 

An insurance policy that protects heirs from mistakes or misconduct.

What Is an Inventory and Appraisal?
 

The official list and valuation of everything the estate owns.

What Is a Probate Referee?​

​

The court-appointed appraiser who values the estate's non-cash assets.

Notices, Creditors & Administration

9 articles

Running the estate: notifying the right people, handling debts, selling property, and authority to act.

How Probate Newspaper Publication Works
 

Why probate still requires a notice in the newspaper — and how it's done.

What Is a Notice of Proposed Action?
 

How an executor takes major actions without a separate court hearing.

Full vs. Limited Authority Under the IAEA
 

The difference that decides how easily an estate can sell a house.

What Happens to a Mortgage During Probate?
 

The loan doesn't disappear — here's how it's handled.

Who Must Receive Notice of Probate?
 

The people and agencies who must be formally notified.

How Are Creditors Handled During Probate?
 

Giving notice, the claim deadline, and paying valid debts in order.

Can an Executor Sell a House During Probate?
 

Yes — but how, and how fast, depends on the authority granted.

How Do You Close a Probate Estate?
 

The final accounting, the court's approval, and distributing what's left.

Paying the Decedent's Debts

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Which debts get paid, in what order, and what creditors can — and can't — do during probate.

Avoiding & Shortening Probate

9 articles

Faster, cheaper alternatives for surviving spouses, small estates, primary residences, and trust assets.

What Is a Spousal Property Petition?
 

A fast, low-cost way for a surviving spouse to confirm property.

What Is a Petition to Determine Succession to a Primary Residence?
 

A 2025 procedure that can transfer a home worth up to $750,000 without full probate.

What Is Summary Probate in California?
 

The umbrella term for California's small-estate shortcuts.

When Is a Heggstad Petition Better Than Probate?
 

Faster and cheaper — when the evidence of trust intent is strong.

Probate vs. Spousal Property Petition
 

When the spousal shortcut beats full probate — and when it doesn't.

Can I Transfer My Parent's House Without Probate?
 

Sometimes yes — it depends on how the home was held and what it's worth.

What Is a Heggstad Petition?
 

A fix for assets a person meant to put in their trust but never did.

Transferring a Vehicle Without Probate

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Using the DMV affidavit process to transfer a car outside of probate.

Living Trusts and Probate

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How probate interacts with a living trust, and what happens to assets left outside one.

California Probate for Out-of-State Families

12 articles

You can settle a California estate from another state — or another country. Here's how it works when distance is part of the picture, and when a professional fiduciary can carry the load for you.

California Probate for Out-of-State Families
 

A guide for heirs and executors who don't live in California.

My Parent Died in California and I Live in Another State
 

A practical roadmap for adult children settling an estate from afar.

Do I Need to Travel to California for Probate?
 

In an uncontested estate, almost always: no.

Can a Non-California Resident Serve as Administrator?
 

Yes — with a couple of conditions courts typically attach.

Can a Professional Fiduciary Serve as Administrator?
 

Yes — a licensed neutral can run the estate in your place.

What Does a California Professional Fiduciary Do?
 

The full scope of the role — and what their license requires.

Can I Handle California Probate If I Live Out of State?
 

Yes — and usually without ever traveling to California.

My Parent Died in California and I Live Overseas
 

Settling a California estate from another country — what's different.

What Happens If All Beneficiaries Live Outside California?
 

The estate still proceeds in California — here's how it's coordinated.

What If Nobody Wants to Serve as Administrator?
 

There are always options — including a neutral professional.

When Should a Professional Fiduciary Be Appointed?
 

The situations where a neutral professional is the smart call.

Ancillary Probate in California

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California probate for out-of-state decedents who owned property here.

Probate Law Firm advance planning logo lg

Advance Planning, A Law Corporation is an East Bay probate firm focused exclusively on uncontested probate, including Heggstad Petitions and Spousal Property Petitions. Service areas: Dublin, Berkeley, Livermore, and Fremont. We also help families settle a California estate from out of state — New York, Texas, and ancillary California probate — and from abroad: France, Germany, Spain, Italy, Portugal, the Netherlands, Belgium, Switzerland, Austria, Ireland, Denmark, Sweden, Norway, Finland, Greece, Canada, the United Kingdom, Japan, China, and India.

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