FAQ Probate & Trust Administration

Probate is a court-supervised process for transferring property that was in the deceased person’s name alone, with no beneficiary or trust to receive it. Trust administration is handled privately by the trustee under the trust’s terms and minimizes the court’s involvement. Both come with legal duties and deadlines.

No. Assets held in a living trust, joint accounts with survivorship rights, and accounts with a named beneficiary pass outside probate. As of drafting this answer, in California, if the probate assets total $208,850 or less (for deaths on or after April 1, 2025), heirs may be able to collect them with a small estate affidavit. A primary residence worth up to $750,000 may qualify for a simplified court petition instead of full probate.

Typically, the person holding the original will must deliver it to the superior court clerk in the county where the person lived within 30 days of learning of the death. Next, secure the property, order death certificates, and avoid distributing anything until you have legal authority. Court authority comes from “letters testamentary” issued when the court appoints you.

Typically, within 60 days after the trust becomes irrevocable, California requires you to send a formal notice to every beneficiary and legal heir (Probate Code 16061.7). You’ll also get a tax ID number for the trust, take control of and inventory the trust assets, and get date-of-death values. Once the notice is sent, a beneficiary generally has 120 days to contest the trust.

Often a year or more, and longer if there is real estate to sell or a dispute. The estate can’t close until the creditor claim period ends, which is at least four months after the court appoints the personal representative.

Many trusts are wrapped up in 6 to 18 months. The timing depends on selling property, filing tax returns, and whether beneficiaries agree.

You can be. Executors and trustees are fiduciaries. You must act in the beneficiaries’ best interests, keep assets safe, avoid self-dealing, and keep beneficiaries reasonably informed. Paying the wrong creditor, distributing too early, missing a deadline, or mixing estate money with your own can make you personally responsible for the loss. Getting guidance early is the best protection.

No. Valid debts are paid from the estate or trust assets, in the order the law requires. But if you distribute assets before valid debts are paid, you may be on the hook.

Generally yes. A trustee must account at least once a year, at the end of the trust, and when a trustee changes, unless the beneficiaries waive it in writing or the trust says otherwise. In probate, the court usually reviews an accounting before final distribution.

Usually the deceased person’s final income tax returns, and income tax returns for the estate or trust while it earns income. California has no estate or inheritance tax. The federal estate tax only applies to estates above $15 million per person in 2026. For real estate, a change-in-ownership statement is due to the county assessor within 150 days of death. Whether a child can keep a parent’s property-tax base depends on Proposition 19’s rules.

Yes. In probate, California law sets the executor’s fee as a percentage of the estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and so on. A trustee is entitled to reasonable compensation unless the trust sets the amount. You may also turn down payment.

Yes. You can decline before accepting, and a trustee can usually resign as the trust allows or with court approval. Talk it through before you start acting, because acting can make you responsible.