What is Probate?
Probate is the legal process of validating a will and administering an estate. These documents ensure proper distribution of assets. Explore our state-specific templates for your needs.
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California Probate
Probate involves managing a deceased person's estate. Our attorney-drafted templates are quick and easy to use.
Common California Probate documents
- Petition for Probate — starts the legal process to validate a will.
- Letters Testamentary — authorizes an executor to manage the estate.
- Notice of Probate — informs interested parties about the probate process.
- Inventory and Appraisement Forms — lists all assets in the estate.
- Final Accounting Forms — summarizes estate transactions before closure.
Probate forms by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Wisconsin
- West Virginia
- Wyoming
Popular forms
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Affidavit for Collection of Personal Property - Probate Code Section 13100 - Small Estates under $208,850Use this affidavit to claim personal property from a decedent's estate without formal probate when the estate value is below $208,850.
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Affidavit Regarding Real Property of Small Value - $55,425 or LessUse this affidavit to claim real property valued at $55,425 or less from a deceased person’s estate, simplifying the legal transfer process.
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Demand to Produce Copy of Will from Heir to Executor or Person in Possession of WillRequest a copy of a deceased person's will to ensure estate matters are handled legally and according to the deceased's wishes.
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Letters Testamentary or AdministrationObtain the necessary legal authority to manage a deceased person's estate, whether through an executor appointed by a will or an administrator without one.
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Notice to Beneficiaries of being Named in WillNotify beneficiaries named in a will about their status and next steps in the probate process.
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Notice of Petition to Administer EstateInitiate the probate process by appointing a personal representative to manage the estate, streamlining approvals under the Independent Administration of Estates Act.
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Affidavit regarding Waiver of Spousal Rights - California Probate Code Sect.140-147Use this affidavit to formally waive spousal rights to an estate in accordance with California probate law.
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Petition for ProbateEnsure the proper distribution of a deceased person's assets through a legal petition.
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Inventory and Appraisal - same as GC-040Utilize this form to accurately report and assess assets in an estate or for minor conservation, ensuring proper valuation during legal proceedings.
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Citation - Probate and Proof of ServiceUse this citation to require someone to appear at a probate hearing and respond to requests regarding an estate or guardianship.
Find a form
Similar documents: key differences
- Probate vs. Trust Administration — probate is for wills; trust administration bypasses court.
- Letters of Administration vs. Letters Testamentary — the former is for intestate estates, while the latter is for estates with a will.
- Executor vs. Administrator — an executor is named in a will; an administrator is appointed by the court.
- Intestate vs. Testate — intestate means no will exists; testate means a will is present.
Key legal points
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Probate is necessary to settle a deceased person's estate.
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Wills typically require probate, while trusts do not.
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All assets must be accounted for during probate.
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Heirs may need to be notified throughout the process.
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Probate can be time-consuming, varying by case complexity.
How to get started
Begin your probate journey easily with these steps.
- Find a template or package that fits your situation.
- Review the description, preview, and signing requirements.
- Get full access with a subscription.
- Complete it in the online editor.
- Export or send: download, email, USPS mail, notarize online, or send for e-signature.
FAQs
A trust can help avoid probate and manage assets efficiently.
If no plan is in place, the state will determine asset distribution.
Review your plan regularly, especially after major life changes.
Beneficiary designations can override will provisions for certain assets.
Yes, you can designate separate agents for financial and health matters.
Glossary
- Probate - The legal process to validate a will and distribute an estate.
- Executor - The person appointed to carry out the terms of a will.
- Administrator - The person appointed to manage an estate without a will.
- Intestate - A term for a deceased person without a valid will.
- Testate - A term for a deceased person who left a valid will.
- Letters Testamentary - Court documents that allow an executor to act on behalf of the estate.
- Letters of Administration - Court documents that allow an administrator to manage the estate.
- Beneficiary - A person designated to receive assets from an estate.
- Asset - Any property or item of value owned by the deceased.
- Will - A legal document outlining a person's wishes after death.