Key Takeaways
- Probate starts by filing a petition for probate in the superior court of the county where the deceased person lived, along with the original will if there is one.
- Whoever holds the will should deliver it to the court, generally within 30 days of the death.
- After filing, you must notify heirs and beneficiaries and publish notice in a newspaper before the hearing.
- At the first hearing, the court appoints the personal representative and issues Letters.
- The filing fee is commonly $435, plus the cost of publication.
Where to Begin
When an estate needs probate, the process starts in the superior court of the county where the deceased person lived at the time of death. (If they lived outside California but owned property here, a related process applies — see ancillary probate.) The first move is filing a petition for probate — the document that asks the court to open the case, admit the will if there is one, and appoint a personal representative.
If there’s a will, the person named as executor usually files. If there’s no will, a person with priority under California’s rules — often a close family member — petitions to be appointed administrator. Either way, opening the case is the gateway to everything that follows.
Step 1: Lodge the Will and File the Petition
If the deceased person left a will, California law expects whoever has it to deliver (“lodge”) the original will with the superior court clerk in the proper county, generally within 30 days of learning of the death. This is a legal obligation, and failing to do it can create liability.
The petition itself sets out the key facts: who died and when, whether there’s a will, who the heirs and beneficiaries are, an estimate of the estate’s value, and who’s asking to be appointed. It’s filed with the original will (if any) and the required filing fee — commonly $435 as of this writing, though a few counties add a small surcharge.
Getting the petition right matters. Errors or missing information are a common cause of delay, because the court may continue the hearing until they’re fixed.
Step 2: The Court Sets a Hearing
Once the petition is filed, the court assigns a hearing date — typically several weeks to a couple of months out, depending on the county’s calendar. This first hearing is where the court decides whether to admit the will and appoint the representative. Nothing official happens until then, but the time before the hearing is when the required notices go out.
Step 3: Give Notice and Publish
Before the hearing, two kinds of notice are required:
- Notice to interested parties. The heirs, beneficiaries named in the will, and certain others must be mailed notice of the hearing, so they have a chance to object or participate.
- Publication. Notice of the petition must be published in a newspaper in the area, alerting unknown creditors and the public. Publication generally runs several times before the hearing.
These notice requirements are strict. If they’re not done correctly and on time, the court will usually postpone the hearing until they are — another common source of delay. The newspaper handles the mechanics of publication, but the timing has to line up with the hearing date.
The petition-and-notice stage is where do-it-yourself probates most often stumble. Getting it right the first time saves months. Bay Legal can help you file correctly. For guidance on your specific situation, call (650) 668-8000 or schedule a consultation at baylegal.com/contact.
Step 4: The First Hearing
At the hearing, if everything is in order and no one objects, the court:
- Admits the will to probate (if there is one), confirming it appears valid,
- Appoints the personal representative, and
- Determines whether a bond is required.
If there are problems — a defective petition, a missing notice, a will contest, or a competing petition to be appointed — the hearing may be continued or set for further proceedings. For most uncontested estates, though, this hearing is a formality that clears the way for the representative to start work.
Step 5: Receive Letters and Begin
After appointment, the court issues Letters — the one-page document proving the representative’s authority to act for the estate. Banks, title companies, and others will ask for certified copies. With Letters in hand, the representative can begin gathering assets and administering the estate.
The details of obtaining and using Letters are covered in our guide on how to get letters testamentary.
Ready to file, or not sure whether you have priority to be appointed? A short conversation can clarify your path. For guidance on your specific situation, call (650) 668-8000 or schedule a consultation at baylegal.com/contact.
What If There’s No Will?
The process is largely the same, with two differences. First, instead of admitting a will, the court determines who inherits under California’s intestate succession rules. Second, the person seeking appointment is an administrator, chosen according to a statutory priority order — typically starting with a surviving spouse or domestic partner, then children, and outward from there. The administrator otherwise has the same duties and powers as an executor.
How This Fits With the Rest of Probate
Opening the case is step one. From here the process moves to obtaining Letters, filing the inventory and appraisal, handling creditor claims, and eventually the final accounting. For the full arc, see our complete guide to California probate and the overview of the personal representative’s role.
Frequently Asked Questions
How do you start probate in California?
File a petition for probate in the superior court of the county where the deceased person lived, along with the original will if there is one and the filing fee. The court then sets a hearing.
How much does it cost to file for probate in California?
The first-paper filing fee is commonly $435 as of this writing, though some counties add a modest surcharge. Publication of the required notice is an additional cost.
How long after death do you have to file the will?
Whoever holds the will is generally expected to deliver it to the superior court within 30 days of learning of the death.
What happens at the first probate hearing?
If the petition and notices are in order and no one objects, the court admits the will, appoints the personal representative, and decides whether a bond is required.
Can you file for probate without a will?
Yes. The process is similar, but the court appoints an administrator under a statutory priority order and determines heirs under California’s intestate succession rules.
