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How to File Probate in California Without a Lawyer

Writer's picture: Linda VargaLinda Varga

How to File Probate in California

Filing for probate in California without a lawyer—a process known as pro per or self-representation—is entirely possible, though it requires careful attention to detail. By understanding the probate process and following the steps outlined below, you can successfully manage the probate of a loved one’s estate without legal representation although it will be time-consuming and filled with delays. Delays mean the estate can be tied up for years before final distribution. All in all lawyers's fees are very reasonable and contrary to what you might think, they are paid at the end of the probate from the probate assets. Your upfront fees are very minimal (usually just $1,500 to cover costs that you will have to pay whether you represent yourself or you hire a lawyer.) and are reimbursable from the estate. Hiring a lawyer in the beginning will save you headaches and time and most people feel it is well worth the expense. If you are brave enough to proceed on your own this article provides you guidance.

What Is Probate?

Probate is the legal process through which a deceased person’s assets are distributed to their heirs or beneficiaries, and their debts are settled. In California, probate is typically required if the decedent’s estate includes real property valued at $66,250 or more or personal property exceeding $184,500. Some assets, such as those held in a trust or with designated beneficiaries, may bypass probate.


Step 1: Determine If Probate Is Necessary

Before proceeding, confirm that probate is required. Small estates may qualify for simplified probate procedures. For example:


Small Estate Affidavit: Estates with personal property valued at $184,500 or less can be handled through an affidavit procedure without court involvement.

Spousal Property Petition: A simplified process is available for transferring property to a surviving spouse.


If the estate exceeds these thresholds, full probate will likely be necessary.


Step 2: Identify the Correct Probate Court

California probate cases are handled in the Superior Court of the county where the decedent resided. For instance, if the deceased lived in Los Angeles County, you would file in the Los Angeles Superior Court’s probate division.


Step 3: Complete and File Required Forms

To initiate probate, you must file the following forms with the appropriate Superior Court:


  1. Petition for Probate (Form DE-111): This form formally requests the court to open probate and appoint a personal representative (executor or administrator).

  2. Order for Probate (Form DE-140): This is the court’s formal order to begin probate proceedings.

  3. Duties and Liabilities of Personal Representative (Form DE-147): Outlines the responsibilities of the personal representative.

  4. Notice of Petition to Administer Estate (Form DE-121): Used to notify interested parties of the probate proceedings.


Submit these forms to the court along with the required filing fee, which varies by county but typically ranges from $435 to $650.


Step 4: Notify Interested Parties

California law requires that all interested parties, including heirs, beneficiaries, and creditors, be notified of the probate proceedings. You must:


  • Publish a Notice of Petition to Administer Estate in a local newspaper.

  • Mail copies of the notice to all interested parties.


Step 5: Manage the Estate

Once appointed by the court as the personal representative, you’ll have the authority to:


  • Collect and inventory the decedent’s assets.

  • Open a separate bank account for the estate.

  • Pay outstanding debts and taxes.

  • File the decedent’s final income tax return.


Step 6: Submit the Final Accounting

When all debts and taxes have been paid, and the estate’s assets are ready for distribution, you must file a Final Accounting with the court. This document details all financial transactions made on behalf of the estate.


Step 7: Distribute Assets and Close the Estate

Once the court approves the Final Accounting, you can distribute the remaining assets to the beneficiaries. After distribution, file a Petition for Final Distribution to officially close the probate case.


Tips for Success

  • Stay Organized: Keep meticulous records of all documents and transactions.

  • Follow Deadlines: Missing deadlines can delay the process or result in penalties.

  • Use Resources: Many California courts offer self-help centers and guides for probate cases.

  • Be Prepared for Challenges: If disputes arise among heirs or creditors, consider seeking limited legal advice.


Final Thoughts

Filing probate without a lawyer in California can save money but can cause significant delays and it requires patience and attention to detail. By carefully following these steps and utilizing available resources, you can navigate the probate process successfully. However, if the estate involves complex issues, such as disputes or significant assets, consulting with a probate attorney may be beneficial.


If you go it alone and later decide you need a lawyer we can step in at any time. Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.


Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.

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