Probate & Estate Administration
Court-Appointed Probate Administration in California
Probate involves strict timelines, required court filings, and formal procedures that must be followed to lawfully manage and distribute a person’s assets.
In California, probate typically includes appointing a personal representative, identifying and securing assets, paying valid debts and expenses, and distributing property to heirs under court oversight. Even straightforward estates can take time.
Many families choose to work with a professional fiduciary to ensure the process is handled correctly, efficiently, and in full compliance with California Probate Code.
As a Northern California Professional Fiduciary, we provide steady, neutral guidance throughout the probate process, from initial court appointment through final distribution. Our role is to manage the administrative and legal responsibilities with care and precision, allowing families to focus on what matters most while knowing the estate is being handled responsibly and transparently.
Serving Probate Cases Across the Bay Area
NorCal Fiduciary accepts appointments as administrator, executor, and trustee for estates throughout the San Francisco Bay Area. Probate is filed and supervised at the county level, so each Superior Court maintains its own probate division, local rules, filing conventions, and calendars. The table below links directly to the official probate court website for every Bay Area county we serve.
| County | Superior Court & Probate Division | Probate Court Website |
|---|---|---|
| Alameda | Superior Court of California, County of Alameda — Probate | alameda.courts.ca.gov/divisions/probate |
| Contra Costa | Superior Court of California, County of Contra Costa — Probate | contracosta.courts.ca.gov/divisions/probate |
| Marin | Superior Court of California, County of Marin — Probate | marin.courts.ca.gov/divisions/probate |
| Napa | Superior Court of California, County of Napa — Civil / Probate | napa.courts.ca.gov/divisions/civil |
| San Francisco | Superior Court of California, County of San Francisco — Probate Court | sf.courts.ca.gov/divisions/probate-court |
| San Mateo | Superior Court of California, County of San Mateo — Probate Division | sanmateo.courts.ca.gov/divisions/probate-division |
| Santa Clara | Superior Court of California, County of Santa Clara — Probate Division | santaclara.courts.ca.gov/divisions/probate-division |
| Solano | Superior Court of California, County of Solano — Probate & Conservatorship/Guardianship | solano.courts.ca.gov/divisions/probate-conservatorshipguardianship |
| Sonoma | Superior Court of California, County of Sonoma — Probate Division | sonoma.courts.ca.gov/divisions/probate-division |
The California Probate Timeline: A Step-by-Step Roadmap
Formal probate in California follows a sequence set by the Probate Code (Division 7, sections 7000–12591). Timeframes vary with the size and complexity of the estate, court calendars, and whether disputes arise, but the roadmap below outlines how a typical estate moves from opening to final distribution. Most estates conclude in roughly nine to eighteen months.
1. Lodge the Will and File the Petition
Anyone holding the decedent’s will must deliver it to the Superior Court clerk in the county of residence within 30 days of death (Prob. Code § 8200). A petition for probate is then filed to open the estate and request appointment of a personal representative (Prob. Code § 8000).
2. Notice and the Initial Hearing
Notice of the hearing is mailed to heirs and beneficiaries and published in a newspaper of general circulation, with first publication at least 15 days before the hearing (Prob. Code §§ 8100–8121). At the hearing, typically set six to eight weeks out, the court admits the will and appoints the personal representative.
3. Letters Issue and Bond Is Posted
Once the order is signed, the court issues Letters Testamentary or Letters of Administration, giving the representative legal authority to act (Prob. Code § 8400). Any required bond is posted, and authority under the Independent Administration of Estates Act is confirmed where available. The issuance of letters starts most of the statutory deadlines that follow.
4. Notify Creditors and Government Agencies
The representative gives notice of administration to known and reasonably ascertainable creditors (Prob. Code § 9050). Creditors must file claims by the later of four months after letters are first issued or 60 days after notice is given to them (Prob. Code § 9100). Notice is also provided to the Department of Health Care Services and other agencies where required.
5. Inventory and Appraise Estate Assets
Within four months after letters are first issued, the representative files an Inventory and Appraisal of all estate property (Prob. Code § 8800). A court-appointed probate referee appraises non-cash assets so the estate’s value and composition are formally established.
6. Administer the Estate
During administration the representative manages and safeguards assets, pays valid debts, taxes, and expenses of administration, resolves or objects to creditor claims, and sells property where necessary. This stage often accounts for the largest share of the overall timeline.
Asset management becomes more involved when an estate includes a hoarder home requiring extensive clean out before it can be listed, or a non-operational vehicle needing title transfer, storage, or disposal. NorCal Fiduciary regularly handles these more difficult asset types — coordinating clean out and remediation for hoarder properties, and managing DMV title work, appraisal, and sale or salvage for vehicles that no longer run.
7. Petition for Final Distribution and Accounting
Once debts and taxes are handled, the representative petitions for final distribution, supported by an accounting of receipts, disbursements, and property on hand (Prob. Code § 10900 et seq.). The representative must petition for final distribution or file a status report within one year of letters issuing or within 18 months if a federal estate tax return is required (Prob. Code § 12200).
8. Distribute Assets and Close the Estate
After the court approves the final petition, the representative distributes the remaining assets to the beneficiaries, obtains receipts, and files a final discharge. Once the court discharges the representative, the estate is formally closed.
This roadmap is a general overview of court-supervised probate under the California Probate Code and is not legal advice. Simplified procedures may be available for smaller estates, and every estate presents its own facts.
California Probate: Frequently Asked Questions
Common questions about how probate and estate administration work in California. These answers describe the process in general terms and are not legal or tax advice.
Serving Families Throughout the San Francisco Bay Area
NorCal Fiduciary accepts appointments as administrator, executor, and trustee for probate and trust matters in Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma counties. If your county isn’t listed, we can still help.
This page describes process, not legal or tax advice. Our role is to administer the estate or trust impartially and in accordance with applicable law. Because each estate is different, we encourage you to consult your own legal, tax, or financial advisors for guidance tailored to your situation. To discuss a North Bay matter, contact NorCal Fiduciary in Dublin, California.