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The 11 stages of a California probate

A full probate moves through these stages, and your client home shows the same stages on its progress bar. You file as the petitioner; our office prepares the court papers and clears the probate notes.

  1. Stage 1: Telling us about the estate

    You
    Answer the questions online in your client home.
    Our office
    Review your answers and confirm which papers your case needs.

  2. Stage 2: Preparing your court papers

    You
    Sign the petition and file it with the court, using the step-by-step filing guide.
    Our office
    Prepare the Petition for Probate and the papers that go with it.

  3. Stage 3: Notifying the public and the family

    You
    Ask an adult who is not part of the case to mail the notices, and place the newspaper notice we give you.
    Our office
    Prepare the notices, the proof of mailing and the exact newspaper notice text.

  4. Stage 4: Answering the court's questions

    You
    Before your court date, sign and file the papers that answer the probate notes, at least 3 court days before the hearing.
    Our office
    Read the court's probate notes and prepare what clears them.

  5. Stage 5: Your court date

    You
    Attend if the court requires it, or add our $500 appearance as limited scope representation for that hearing.
    Our office
    Tell you what to expect at the hearing.

  6. Stage 6: Bond, if the court orders one

    You
    If the court's order requires a bond, get it from a bonding company before your Letters are issued.
    Our office
    Tell you the amount the order sets and what to do.

  7. Stage 7: You are officially in charge

    You
    Pick up your Letters and open the estate bank account.
    Our office
    Prepare the proposed order and the Letters for the court.

  8. Stage 8: Listing and valuing what the estate owns

    You
    Gather statements and values; the probate referee appraises the rest.
    Our office
    Prepare the Inventory and Appraisal.

  9. Stage 9: Paying the estate's bills

    You
    Pay valid debts from the estate account during the creditor claim period.
    Our office
    Prepare notices to known creditors and responses to claims.

  10. Stage 10: Asking the court to approve the final split

    You
    Sign and file the final petition.
    Our office
    Prepare the petition for final distribution and the order.

  11. Stage 11: Finishing up

    You
    Transfer the property as the order says and file the receipts.
    Our office
    Prepare the receipts and the papers to close the estate.

Creditors have at least four months after the court first issues Letters to file claims (Probate Code 9100), so most full probates take a year or more. Simplified probate for a home worth up to $750,000 (Probate Code 13151) uses a single petition instead of these stages.

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