Get Request For Special Notice

Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)

In California, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

Within 30 days of the decedent's death, go to the county probate clerk's office and file for probate. This is done by submitting the completed petition for probate form, the Will, and the decedent's death certificate. You must also pay the filing fee, which is currently $435.00 in California.

In California, statutory probate fees are based on the gross value of the estate and are as follows: 4% on the first $100,000; 3% on the next $100,000; 2% on the next $800,000; 1% on the next $9,000,000; 0.5% on the next $15,000,000.

The executor of your will and the individuals named in it are not required to go through the probate procedure in California if the value of your estate is less than $184,500.00. However, the probate process is necessary for estates worth more than this amount.

(c) Special notice may be requested of one or more of the following matters: (1) Petitions filed in the administration proceeding. (2) Inventories and appraisals of property in the estate, including any supplemental inventories and appraisals. (3) Objections to an appraisal. (4) Accounts of a personal representative.

You must go to court and start a probate case. To do this, you must file a Petition for Probate (form DE-111. ... NOTE: If there is no will and a court case is needed, the court will appoint an administrator to manage the estate during the probate process.

No, you are not required to have a lawyer to probate a will in California. However, the process can be complicated, and it may be beneficial to consult with an attorney or a probate consultant like ClearEstate to ensure that the process is carried out correctly.