What is Probate Court in California?

Probate Court in California is the division of the Superior Court that oversees the administration of a deceased person’s estate. When someone passes away owning assets in their name alone—without a living trust, joint ownership, or designated beneficiaries—those assets generally must go through probate before they can be transferred to heirs or beneficiaries.

During the probate process, the court appoints a personal representative (called an executor if there is a will, or an administrator if there is no will), ensures that all debts and taxes are paid, and supervises the distribution of the remaining assets.

If the deceased person did not leave a valid will, California’s Probate Code determines who inherits the estate and what percentage each heir is entitled to receive. These rules, known as the state’s “laws of intestate succession,” dictate the order of inheritance among surviving spouses, children, parents, siblings, and other relatives.

It’s also worth noting that probate in California can be more cumbersome and time-consuming than in many other states. The process often involves multiple court filings, mandatory waiting periods, formal accountings, and statutory fees for both the personal representative and the attorney. Because of this, many Californians use living trusts and other estate planning tools to minimize or avoid probate altogether.