California Probate
Probate involves managing a deceased person's estate. Our attorney-drafted templates are quick and easy to use.
Small Estates Summary Administration Package
PopularA state-specific probate package for small estates qualifying for simplified court administration — petition, inventory, accounting, and distribution forms.
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.
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Types of Probate forms
Notice to Beneficiaries of Being Named in Will
Notify beneficiaries named in a will about their status and next steps in the probate process.
Demand to Produce Copy of Will from Heir
Request a copy of a deceased person's will to ensure estate matters are handled legally and according to the deceased's wishes.
Small Estate Affidavit: §13100 (≤ $184,500)
Use this affidavit to claim personal property from a decedent's estate without formal probate when the estate value is below $208,850.
Inheritance Waiver: Spouses in Favor of Prior-Marriage Children
Protect your children's inheritance rights by waiving claims to each other's property in favor of children from prior marriages.
Affidavit: Attorney-In-Fact Acting as Executor
Use this document to affirm your role as an executor and validate a will after the deceased's passing.
Petition: Creditor Claim for Remaining Estate Assets
Use this petition to request the distribution of remaining estate assets among creditors after a decedent's passing.
Certificate of Independent Review for Donative Transfers
Ensure property transfers are not influenced by fraud or undue pressure with this essential legal safeguard.
Request for Appointment of Probate Referee
Request an appraisal for non-cash assets in probate, ensuring accurate estate valuation during legal proceedings.
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.
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.
Key legal points
- Probate is necessary to settle a deceased person's estate.
- Wills typically require probate, while trusts do not.
- All assets must be accounted for during probate.
- Heirs may need to be notified throughout the process.
- 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.
Practical tip
Decide whether to create a will or trust first, based on your estate's needs.
