Navigating the legal and financial responsibilities that follow the death of a loved one can add to the stress of what is already an emotionally challenging experience. If you are an heir, understanding the legal process is critical, however, to ensuring a smooth transfer of assets and resolving any potential questions. With that in mind, the Los Angeles attorneys at Schomer Estate & Wealth Advisors explain the top five things an heir needs to know when a loved one passes away in California.
- The Last Will and Testament Determines the Decedent’s Wishes. If your loved one left a Last Will and Testament, it acts as a legal blueprint for how their estate should be distributed. In California, the Will is usually required to go through probate, which is the court-supervised process of validating the Will and overseeing asset distribution. The person named as the Executor in the Will is responsible for managing the estate during probate. As a legal heir to the estate, you may be entitled to assets listed in the Will, but you will not receive them immediately because formal probate can take months, even years, to complete. California does allow a simplified probate process for smaller estates valued under $184,500 (as of 2025) which can dramatically reduce the time it takes to probate an estate. If your loved one died intestate (without a Will), California’s intestate succession laws dictate how assets are distributed. Typically, assets are divided among the surviving spouse, children, or other close relatives if the decedent was not married and did not have children. Keep in mind that being a legal heir is not the same as being named as a beneficiary in a Will.
- Trusts Bypass Probate and Expedite Distribution. If the decedent used a trust, you may avoid probate altogether. Trusts are a popular estate planning tool in California because they streamline the asset distribution process and maintain privacy. The Trustee, appointed by the Grantor (the person who created the trust), is responsible for managing and distributing the trust assets. If you are named as a beneficiary of the trust, you can expect to receive your share of the assets more quickly than you would through probate. California law requires Trustees to act in good faith, provide regular accountings, and distribute assets according to the terms of the trust. If you have concerns about a Trustee’s actions, you can seek legal advice.
- California Probate Can Be Complicated. Probate in California can be complex, and it is essential to understand the process to avoid surprises. California probate can be time-consuming and costly due to filing fees, court oversight, and the statutory fees paid to the Executor and attorney. If you are an heir, be patient and communicate regularly with the Executor to stay informed about the timeline. Typical steps involved in probate include:
- Filing the Petition: The Executor files a petition with the probate court to open the case.
- Validating the Will: The court verifies the Will’s authenticity.
- Inventorying Assets: The Executor creates a list of all assets and debts.
- Paying Debts and Taxes: The estate pays outstanding debts, including taxes.
- Distributing Assets: After debts are settled, the remaining assets are distributed to heirs.
- Certain Assets May Not Go Through Probate. Not all assets need to go through probate. As an heir, you should know which types of assets are distributed outside of probate, such as:
- Jointly Owned Property: Real estate held as joint tenants or community property with the right of survivorship automatically passes to the surviving co-owner.
- Beneficiary Designations: Assets such as life insurance policies, retirement accounts, and payable-on-death (POD) accounts pass directly to the named beneficiary.
- Trust Assets: As previously mentioned, assets held in a trust are distributed according to the terms of the trust.
- Seek Professional Guidance for Complex Estates. California’s probate and trust laws are intricate, and each estate is unique. If you encounter challenges, such as unclear terms in a Will or disputes among heirs, seeking professional guidance is essential. For example, if you suspect the Will is invalid due to undue influence or lack of capacity, consult an attorney. Likewise, if there is disagreement over how a Trustee is handling trust assets, legal advice can help resolve the issue. Large estates may also have significant tax considerations, requiring the expertise of an accountant and estate planning attorney to avoid costly errors.
Are You a California Heir with Questions?
For more information, please join us for an upcoming FREE seminar. If you are an heir to an estate in California and you have additional questions, contact the experienced Los Angeles probate attorneys at Schomer Estate & Wealth Advisors by calling (310) 337-7696 to schedule an appointment.
A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Read More!
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
- How a No Contest Clause Can Help Your California Estate Avoid Probate Litigation - August 17, 2026
- Reasons to Incorporate a Living Trust into My California Estate Plan - August 16, 2026
- What You Need to Know about Funding a Trust in California - August 15, 2026
