See all posts
hero image

California Probate 101: What to Expect When a Loved One Passes

By Robert Clavel โ€ข 10/09/2025

Losing a loved one is difficult enough without the added stress of navigating the legal process that follows. If you’ve recently experienced a loss, you may have heard the term “probate”—but aren’t quite sure what it means or what comes next.

At Clavel Law, we guide families through the California probate process with compassion and clarity. Here’s what you need to know when settling a loved one’s estate—and when to reach out to a probate attorney in Chino Hills for help.

โš–๏ธ What Is Probate in California?

Probate is the legal process of administering a deceased person’s estate. This includes:

  • Validating the will (if one exists)

  • Appointing an executor or administrator

  • Identifying and valuing assets

  • Paying debts, taxes, and final expenses

  • Distributing remaining property to heirs or beneficiaries

If your loved one passed away with a will, the probate court ensures that the directions in the will are followed. If there is no will (intestate), California law determines who inherits the estate based on a set of legal rules.

๐Ÿ“‹ When Is Probate Required in California?

The California probate process is generally required when:

  • The deceased person owned assets worth more than $184,500 (as of 2025)

  • Real estate was held solely in their name

  • No living trust was established

Situations Where Probate May Not Be Required:

  • Assets are held in a revocable living trust

  • There are named beneficiaries (e.g., life insurance, retirement accounts)

  • Property is held jointly with rights of survivorship

At Clavel Law, we can help you determine whether probate is necessary based on your unique situation.

๐Ÿ› ๏ธ Steps in the California Probate Process

Here’s a simplified breakdown of the California probate timeline:

1. Filing the Petition

  • Filed in the county where the decedent lived (e.g., San Bernardino County for Chino Hills residents)

  • Notice must be published in a local newspaper

2. Appointment of Executor or Administrator

  • If there’s a will: the court appoints the named executor

  • If no will: the court appoints an administrator

3. Inventory and Appraisal of Assets

  • All estate assets must be identified and valued by a court-appointed probate referee

4. Paying Debts and Taxes

  • The estate is responsible for settling outstanding debts and any final income or estate taxes

5. Distributing the Remaining Assets

  • Once approved by the court, the executor distributes assets to heirs or beneficiaries

โณ Typical Timeline: 9–18 months, though complex estates can take longer.

๐Ÿ’ผ Why Hire a Probate Attorney in Chino Hills?

The probate process can be legally complex and emotionally draining, especially while you’re grieving. Working with a local probate attorney in Chino Hills offers several advantages:

  • Help with court filings and deadlines

  • Guidance in resolving disputes among heirs

  • Ensuring proper accounting and legal compliance

  • Reducing the risk of delays or mistakes

At Clavel Law, we understand how personal and stressful this process can be. We handle the details so you can focus on your family and healing.

๐Ÿงพ Avoiding Probate in the Future: Planning Ahead

While probate is sometimes unavoidable, proper estate planning can help your loved ones bypass probate or reduce its complexity. Consider:

  • Creating a living trust

  • Titling assets properly (e.g., joint tenancy)

  • Naming beneficiaries on accounts and policies

We also offer comprehensive estate planning services to help you protect your legacy and make things easier for your family.

๐Ÿ“ Talk to a Chino Hills Probate Lawyer Today

If you're facing the loss of a loved one and need guidance through the California probate process, let Clavel Law be your trusted legal partner. Our probate attorneys in Chino Hills are here to help you every step of the way—with clarity, care, and legal expertise.

< Older Post