Probate: Definition and How It Works in California

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

Probate is the California court process that proves a will, or applies the state’s intestate succession rules when there is no will, appoints an executor or administrator, and supervises paying the decedent’s debts and distributing what is left to the people entitled to it.

How it works in California

Any interested person can open a probate case by filing a petition asking the court to appoint a personal representative, admit the decedent’s will, or both (Prob. Code, § 8000). Ridley Law’s overview of probate basics for Ventura County families walks through the local filing steps.

Filing the petition does not put anyone in charge. No one has authority to act for the estate until the court appoints them and the appointment takes effect (Prob. Code, § 8400). When there is no will, the code sets a priority order for who gets appointed administrator, starting with the surviving spouse (Prob. Code, § 8461).

Why it matters

Probate takes real time. A California probate usually runs twelve to eighteen months from filing to final distribution, and heirs generally cannot touch estate assets before the court issues letters. For example, an adult child who needs funds to cover a parent’s final expenses cannot simply write a check from the estate account until the court appoints a personal representative. See how long probate takes in California for what makes a case run longer or shorter.

Common mistakes

Missing the short window to lodge the decedent’s original will with the court is one of the most common mistakes; see the deadline to file probate in California for what the law requires. Families also assume the executor named in a will can act the day the person dies, when nothing happens until letters issue.

Related terms

• Beneficiary Designation: assets with one of these pass outside probate entirely.
• Executor: the person a will names to ask the court for appointment.
• Letters of Administration: the court order appointing an administrator when there is no valid will.
• Letters Testamentary: the court order appointing the executor named in a will.
• Personal Representative: the general term for whoever the court appoints, executor or administrator.
• Pour-Over Will: backs up a living trust and can still send assets through probate.
• Probate Bond: the insurance the court may require before letters issue.
• Small Estate Affidavit: a way to skip probate entirely for a small enough estate.
• Ancillary Probate: a second probate case in the state where a nonresident owned real property.
• Independent Administration of Estates Act: the law that lets a personal representative act without advance court approval.
• Probate Referee: the state-appointed appraiser who values non-cash assets in a probate estate.
• Transfer-on-Death Deed: a recorded deed that passes real property at death without probate.

Part of the California estate planning glossary. For the full treatment, see How Long Does Probate Take in California?