Probate

What Is Probate?

By June 23, 2026No Comments
probate

Table of Contents

Key Takeaways

  • Probate is the court-supervised process of administering a deceased person’s estate.
  • Assets titled solely in the decedent’s name often require probate before beneficiaries can transfer ownership.
  • A will does not automatically avoid probate.
  • Certain assets, such as those with named beneficiaries or held in trust, may pass outside of probate.
  • Disputes between beneficiaries, executors, and heirs can lead to probate litigation

What Happens During Probate?

Probate is a legal process administered through the California probate court system. The purpose of probate is to identify estate assets, pay valid debts and expenses, and distribute the remaining property to beneficiaries or heirs.
If there is a valid will, the court will generally appoint the executor named in the document. If there is no will, the court may appoint an administrator to handle the estate.
Once appointed, the personal representative is responsible for managing the estate and carrying out the probate process under court supervision.

FAQ

What is Probate?

When the person who can sign to transfer ownership of real property has died, the court supervises the property transfer in the probate court.

What triggers the need for probate?

Probate is required when a deceased person owns property in their name only, and there’s no other legal way to transfer that property. This often includes real estate, vehicles, and bank accounts.

Do all estates go through probate?

No. Smaller estates may qualify for simplified procedures, and assets held in trusts, joint accounts, or with named beneficiaries often skip probate. We’ll help you determine what’s required.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Please call us at (888) 443-6590 or fill out our Get Help Now form below to take the next step.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Apr 5, 2018