Probate In California

Probates are under the jurisdiction of the Superior Court of California. If required, a probate would be established in the County of the decedent's residence at the time of death, or in the County where decedent owned property (real or otherwise) if the decedent resided, for example, in another State at the time of death.

Typically, an uncontested probate can be concluded within 8 to 10 months from the initial filing with the Court. For more complicated cases, the process can be much longer.

If the decedent died with a valid Will which named an individual to act as Executor, then such person would generally be appointed by the Court to act in such capacity and Letters Testamentary would be issued. These Letters Testamentary basically give the Executor the same powers to act as if the decedent were still alive.

If the decedent died without a Will or if decedent's Will did not name an Executor, then the Court would appoint an Administrator of the decedent's estate and Letters of Administration would be issued. Again, these Letters of Administration give the appointee the ability to handle the decedent's affairs.