How Does the Probate Process Work in California?
When the decedent passes away, a decedent’s will is located and filed with the court along with a document entitled “Petition for Probate”. Also, if the decedent died without a will, a Petition for Probate is also filed so that the laws of intestate succession (see that section) can apply. Once the Petition for Probate is filed, the court sets a hearing date approximately 30 days after the date of filing. During that 30 days, notices are sent to all interested relatives and a publication occurs (generally in a legal newspaper) advising creditors and potential heirs of the filing of the estate and the death of the decedent. At the hearing, if there is a will, it is generally admitted to probate at that time and an executor is appointed to represent the estate. If there is no will, an administrator is appointed to represent the estate. Any objections to the will or to the appointment of the representative of the estate of the estate are generally lodged with the court at the hearing. Onc
