How Probate Works in California

When someone passes away without a living trust, their estate may go through probate court. In Santa Clara County, probate ensures debts are paid and assets are distributed. Unfortunately, the process is often lengthy and expensive without proper planning.

Step 1: File the Petition

To start probate, you must file Petition for Probate (Form DE-111) with the Santa Clara County Superior Court in San Jose. Filing fees typically apply.

Step 2: Notify Heirs and Creditors

You must notify all heirs and publish notice in a local newspaper. This step gives creditors and family members a chance to make claims.

Step 3: Inventory and Appraisal

The estate’s assets (property, accounts, personal belongings) must be inventoried and appraised.

Step 4: Pay Debts and Taxes

The executor/administrator pays legitimate debts, taxes, and court fees.

Step 5: Distribute Assets

After approval by the court, remaining assets are distributed to heirs.