How to Start Probate in California: A Step-by-Step Guide

Starting probate in California means filing a petition in the right county, giving the required notices, and attending a first hearing where the court appoints the person who will manage the estate. Here's what those opening steps look like in order — the part of the process that gets an estate officially underway.

Step 1: Gather the key documents

Before filing, collect what you can:

• The death certificate
• The original will, if there is one (and any trust documents)
• A list of the assets and roughly how each is titled
• The names and addresses of heirs and beneficiaries

You won't have everything on day one, and that's fine — but these are the building blocks of the petition.

Step 2: Confirm probate is actually needed

Not every estate requires full probate. Trust assets, jointly held property, and accounts with named beneficiaries pass outside it, and small estates or a surviving spouse may qualify for a simplified procedure. Confirming this first can save a year of unnecessary process. (See What Is Summary Probate in California? and What Is a Spousal Property Petition?)

Step 3: File the petition in the right county

Probate is filed in the Superior Court of the county where the deceased person lived. The opening petition asks the court to admit the will (if any), appoint the personal representative, and grant authority to administer the estate. Filing in the correct county, with a complete and accurate petition, is what keeps the case from stalling at the gate.

Step 4: Give notice — publication and mail

Two kinds of notice go out before the first hearing:

• Newspaper publication of the notice, three times in a qualifying paper, with the first publication at least 15 days before the hearing. (See How Probate Newspaper Publication Works.)
• Mailed notice to all heirs, beneficiaries, and any required agencies, generally at least 15 days before the hearing. (See Who Must Receive Notice of Probate?)

Step 5: Attend the first hearing and get appointed

At the first hearing, if everything is in order, the court appoints the personal representative and — once any required bond is posted — issues Letters, the document proving authority to act. In an uncontested estate, the attorney typically appears; the representative usually does not need to attend, which is why this all works from out of state or overseas.

Step 6: Begin administration

With Letters in hand, the representative can open an estate account, take control of assets, and move into the main work of the estate — the inventory, creditors, and eventually distribution. (See How Do You Close a Probate Estate? for the finish line.)

We handle the opening steps — petition, publication, notice, and the first hearing — so the estate gets underway correctly the first time, whether you're across town or across the world. Request a consultation.

Frequently Asked Questions

How do I start probate in California? File a petition in the Superior Court of the county where the deceased person lived, publish and mail the required notices, and attend a first hearing where the court appoints the personal representative.

Where do I file for probate? In the county where the decedent was domiciled (their permanent home), not where the heirs live or where assets happen to be.

What do I need to file for probate? At minimum the death certificate, the original will if any, information about the assets and how they're titled, and the heirs' and beneficiaries' names and addresses.

How soon should probate be started? There's no rigid deadline to open it, but starting promptly helps protect assets, keep a home insured and the mortgage current, and meet the court's expectation of closing within about a year.

Do I have to appear at the first hearing? Usually no. In an uncontested estate the attorney appears, so the representative — even one out of state or abroad — generally doesn't need to attend.

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