Call to schedule a strategy session at (408) 573-1122

What Is A Probate Admistration?

A probate administration is the court process to transfer the assets of a decedent to his or her heirs or beneficiaries.  The court oversees the transfer through a court supervised proceeding.  Before the assets are transferred, a court order authorizing the transfer is required.  

Whether or not a probate proceeding is required depends upon what documents, if any, your loved one had and the value of the estate.  If the estate plan only consisted of a will, a probate will need to be opened.  If no estate plan was done, a probate will need to be opened.  If there was a trust and a will, a probate is generally not required.

A simple test to determine whether you need a probate is do you need the decedent’s signature to transfer the assets.  For example, your mother had a home when she passed away and the home was held in her name individually.  In order to transfer the home, you need your mother’s signature.  A probate will be opened to authorize someone to sign on your mother’s behalf to transfer the property.  The same would be true for a bank account that does not have designated beneficiary.  

A probate is the process where a decedent’s estate can be administered through a court proceeding.  The court oversees the process and the administrator or executor (depending upon whether there is a will) is required to do certain acts required under the California Probate Code.  A general probate can take 12 months to 18 months, depending upon the court’s schedule and the complexity of the estate administration.


Stay connected with news and updates!

Join our mailing list to receive the latest news and updates from our team.
Don't worry, your information will not be shared.


50% Complete

Two Step

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.