Back to the Learning Center

By: Scott Grossman on January 8th, 2017

How to Speed Up Probate in California

In California, the probate administration process can take a great deal of time. The longer probate takes, the more expenses will accrue and assets are withheld. Fortunately, there are methods to speed up probate administration, that can help an executor minimize the amount of time spent carrying out this administration process.

Tips to Help You Speed Up Probate Administration

If you are in charge of administering an estate, here are three tips for shortening the length of a probate administration:

  1. Consider using a spousal property petition. When the surviving spouse of a decedent inherits the assets, they are then transferred by using a streamlined Spousal Property Petition. The Spousal Property petition must be submitted to the probate court in order to be approved. After the petition is approved, the process for transferring the assets becomes simpler and faster than a traditional probate proceeding.
  2. Use a simple affidavit to claim property. In California, people inheriting property can avoid probate if the total value of all of the assets is below a certain amount. A simple affidavit is completed that states the person is entitled to a certain asset and is signed under oath. The affidavit is given to the person or institution holding the property along with a copy of the death certificate. The asset is then released to the beneficiary.
  3. Take advantage of simplified probate procedures. Smaller estates are able to utilize a simplified probate process in California. The executor of the estate must file a written request with the court in order to use this procedure. The court then chooses whether or not to authorize the distribution of the assets without requiring the executor to carry out many of the other tasks associated with a large probate administration.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form.  If you want a comprehensive overview of California Probate, then click here. Should you have additional questions about trust litigation, then you will find plenty of useful information in our Learning Center.