Unlike many other States, probate in California is fairly complicated. If the estate is simple and no federal estate tax is due, the final order can theoretically be obtained within 9 months of the filing of the petition. The more likely scenario is that it can take 12 to 15 months to complete the probate process. Probate can be avoided, for instance, with the use of trusts and pay on death designations on various assets. Please see my Elder Law Today newsletter on this topic at https://www.walnutcreekelderlaw.com/Newsletters/AvoidingProbate.html.
Examples of assets subject to probate would be those in the decedent’s name alone, a tenant in common interest in real property, and the one-half interest in a spousal community property asset. The threshold amount to trigger a full probate is $100,000. The will is lodged with the court, the court appoints an executor or administrator, and ultimately the court will decide who the beneficiaries are and what they will receive from the estate, after taxes, costs and other items are paid. Both the executor or administrator, and the attorney are entitled to a probate fee, which is an amount determined by the California Probate Code. Family disputes are also settled in probate court. For additional information on this and other topics, please see my website at https://www.walnutcreekelderlaw.com/. Thank you, Michael J. Young, Attorney at Law.