California Probate Process Explained for Los Angeles County

When is Probate Required in California?

Probate is generally required when someone dies owning assets in their name alone over the small-estate threshold and without titling those assets in a trust. Joint accounts and beneficiary-designated assets may pass outside probate, but many estates still need court oversight. Planning ahead with foundational estate planning or wills & living trusts often keeps families out of court.

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Step 1

Filing the petition

The process begins in the Superior Court where the decedent lived (e.g., Stanley Mosk Courthouse for many Los Angeles cases). The court sets a hearing, notifies interested parties, and—if the will is valid—issues Letters Testamentary (or Letters of Administration without a will). From there, the executor/administrator has authority to act.

Step 2

Notifying heirs and creditors

You must provide formal notice to heirs/beneficiaries and publish notice in a local paper. Creditors generally have a limited window to file claims after Letters issue. Good notice and claim tracking keep the case on schedule.

Step 3

Inventory & appraisal

All probate assets are identified and valued. A state-appointed Probate Referee typically appraises non-cash assets like real estate and business interests. The Inventory & Appraisal is filed with the court to document the estate.

Step 4

Managing the estate

The executor secures real property, maintains insurance, manages accounts, and may sell assets (often under Independent Administration authority). Keep meticulous records—receipts, bank statements, and correspondence—to support the final accounting.

Step 5

Distribution and closing

After paying valid debts, taxes, and expenses, the executor submits a final report and accounting, then seeks a court order for distribution. Once assets are distributed as directed by the will or state law, the court discharges the executor and closes the estate. For an overview of services and support, see trust administration & probate on our site.