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Where Is Probate in California
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Get StartedWhere Is Probate in California?
When someone passes away, you need to handle probate in the right place. Getting this wrong means delays and extra costs. Here's where you go and what you need to know.
All probate cases in California go through the Superior Court system. But you can't just pick any courthouse. There are specific rules about which county to use.
Which County Do You File In?
The main rule is simple: file probate where the person lived when they died. This is their legal residence, not where they were born or vacationed.
Your uncle lived in Sacramento? File there. Doesn't matter if he owned a beach house in Santa Barbara. Sacramento County Superior Court handles his probate.
What If They Lived Outside California?
Sometimes people live in other states but own California property. You can still do probate here. It's called "ancillary probate."
File in the county where their California property sits. Multiple properties? Pick the county with the most valuable stuff. Your retired neighbor moved to Nevada but kept her Los Angeles rental? File in LA County.
Finding the Right Courthouse
Each county has multiple courthouses. Not all handle probate. You need the specific probate department.
Los Angeles County does probate at Stanley Mosk Courthouse downtown. Orange County uses Central Justice Center in Santa Ana. San Diego County has its probate department at the main courthouse. Check your county's website before driving anywhere.
When It's Not Clear Cut
Sometimes figuring out where someone "lived" gets tricky. Maybe they moved around a lot or had multiple homes.
Courts look at several things:
- Voter registration
- Driver's license address
- Tax filings
- Where mail went
- Bank accounts
- Doctor visits
- Where they spent most of their time
The court weighs everything together. Someone might own property in California but if they moved to Florida, changed their license, registered to vote there, and lived there full-time, Florida becomes their legal residence.
Small Estates Work Differently
Not every estate needs full probate. California has shortcuts for smaller estates worth less than $184,800.
You still file in the same county, but use a "small estate affidavit" instead. Way faster and cheaper. The dollar limit changes over time, so double-check current numbers. Learn more about what assets skip probate entirely.
Trust Assets Usually Skip Court
Good news: properly funded living trusts avoid probate completely. The trustee handles everything without court involvement.
But many people create revocable trusts and forget to actually put their assets in them. Those leftover assets still need probate. This happens more than you'd think.
How Long Does This Take?
California probate typically runs 9-18 months. Rural counties often move faster than busy places like San Francisco or Los Angeles.
Court schedules can get disrupted by wildfires or other emergencies. Always call ahead, especially during California's fire season.
What You Need to Get Started
Gather these documents first: death certificate, will (if one exists), asset information, and debt details. Most Superior Courts have self-help centers to walk you through basics.
Check your county's court website for specific forms and rules. Some courts now use electronic filing. Others still want paper. Local requirements vary.
Common Mistakes to Avoid
Filing in the wrong county is the biggest mistake. It causes expensive delays. Double-check residence before filing anything.
Missing deadlines is another problem. California has strict timing rules. Mark your calendar and stay organized.
When to Get Professional Help
Complex estates or family disputes need attorney help. If you're unsure about which county to use, get advice early. Fixing mistakes later costs more.
Some lawyers offer flat fees for straightforward probate cases. This gives you cost certainty upfront. Shop around and ask about fee structures.
Think About Your Own Planning
Dealing with probate now? Consider how to start your estate plan from scratch to help your family avoid similar hassles.
Most people going through probate realize how much proper planning could have simplified everything. Use this experience as motivation to organize your own affairs.
Quick Summary
File probate in the county where the deceased person lived. Find that county's Superior Court probate department. Bring your documents and be prepared for a process that takes about a year.
When you're uncertain about anything, ask the court's self-help center or consult with an attorney. Getting started correctly saves time and money later. Thousands of California families handle this every year. You can too.
