A: Probate is the court process of proving a will is valid and distributing a deceased person's assets according to the will (or state law if there's no will). A probate attorney files documents with the court, notifies creditors and beneficiaries, inventories assets, pays debts and taxes, and distributes remaining property to heirs.

A: No. Small estates (under $166,250 in California) can avoid court using an affidavit process. Assets with beneficiary designations (life insurance, retirement accounts) bypass probate. Property in a living trust avoids probate. Jointly owned property passes directly to the surviving owner.

A: A will is a document stating your wishes but only becomes enforceable after you die and go through probate. A living trust is a legal entity that holds your assets during life and distributes them after death without court involvement. Trusts avoid probate, keep your affairs private, and protect your assets if you become incapacitated.

A: Not always. California allows small estates to use a simplified affidavit process. You can avoid probate entirely with proper estate planning using trusts, joint ownership, and beneficiary designations.

A: The estate pays probate costs from its assets before distribution to heirs. This includes court fees, attorney fees, executor compensation, and appraisal costs. If there's no money in the estate, nothing gets paid, and heirs get nothing.

A: Simple estates with no disputes: 6-9 months. Estates with tax issues or multiple heirs: 12-18 months. Contested estates or real property in probate: 18-24+ months. California has mandatory waiting periods (4 months minimum) that can't be skipped.

A: Creditor notification periods, tax return deadlines, court schedules, asset appraisals, and document preparation all take time. Some delay is required by law. Additional delays happen with disputes, missing assets, or complex tax situations.

A: California allows "statutory fees" of 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% over $10 million. A $500,000 estate costs roughly $13,000 in statutory fees (split between executor and attorney). Some attorneys charge flat fees instead.

A: Yes. Many attorneys charge flat fees for straightforward estates instead of statutory percentages. Get multiple quotes. An estate planning attorney can advise on expected costs before you start.

A: Court filing fees, attorney fees, executor compensation, asset appraisals, accounting costs, and publication costs for creditor notices. Taxes are separate.

A: Percentage-wise, yes. A $100,000 estate pays $4,000 in statutory fees. But for small estates under $166,250, California's affidavit process costs only $200-$500 in filing fees and no attorney fees.

A: The executor is the person named in your will to manage your estate after death. They file court documents, locate assets, notify heirs and creditors, pay bills and taxes, and distribute remaining property. It's a serious responsibility, often lasting 12-24 months.

A: Yes. An executor can be sued by beneficiaries or creditors if they breach their duties, act negligently, waste estate assets, or fail to follow the will or court orders. Liability is real and can be personal—not just to the estate.

A: Beneficiaries can sue to recover damages. If the mistake is minor, courts may forgive it. If the mistake is serious (misappropriating funds, failing to file taxes), the executor can be personally liable and removed. Always consult an attorney before taking major actions.

A: Yes, but only with court approval. They must show the executor breached duties, is incompetent, or cannot fulfill the role. The court weighs the evidence and decides.

A: Yes, unless they waive compensation. California statutory executors' fees are the same as attorneys' fees: 4% of first $100K, 3% of next $100K, etc. The executor can petition the court for additional compensation for extraordinary work.

A: Yes. Some executors hire their own attorney to help, or an attorney serves as executor. This can streamline the process but must be disclosed. Courts approve "reasonable" attorney fees separate from executor fees.

A: The court appoints someone, usually following California's intestacy rules. Typically the surviving spouse, then adult children, then parents. If no one qualifies or wants the job, the court appoints a professional fiduciary.

A: Yes, at any time with court approval. They file a resignation and the court appoints a successor. Executors do this when they realize the job is too much, they're moving away, or circumstances change.

A: Yes. A handwritten will (called a "holographic will") is valid in California if it's written entirely in your handwriting and signed. It doesn't need witnesses. But holographic wills are challenged more often, so typed wills with witnesses are safer.

A: California intestacy law divides the estate automatically. Generally: surviving spouse gets 50%, children split the other 50%. If no spouse, children get everything. If no spouse or children, parents get it. If no direct family, the state keeps it. Having no will complicates things and removes your control.

A: No. A California holographic will must be entirely handwritten. If it's part typed, part handwritten, it's not valid as a holographic will. Use a typed will with proper witnesses instead.

A: The most recent valid will controls, assuming the older will wasn't intentionally revoked. If there's ambiguity about which is more recent, the court decides. This is why clear dating and statements like "I revoke all previous wills" are critical.

A: Yes, any time before you die. You can revise it by creating a new will (which should state it revokes prior wills), or by creating a codicil (amendment). Always have an attorney help to ensure it's valid.

A: Lack of capacity (testator wasn't mentally competent), improper execution (not signed correctly or lacking witnesses), fraud, undue influence, or revocation by the testator. If challenged, the court decides validity.

A: No. California doesn't have a will registry. After death, the executor files it with the court. Before death, keep it in a safe place and tell your executor where to find it.

A: You can mention your pet and express wishes, but the will isn't binding on whoever inherits the pet. A pet trust is better—it's legally binding and funds the pet's care.

A: Not until probate closes, usually 12-24 months. Even then, the executor distributes assets based on the will. If there's a dispute or the estate is complex, distribution could take longer.

A: Generally no. Assets are frozen during probate. Houses can't be sold, bank accounts can't be touched, investments can't be liquidated without court approval. This is why probate is frustrating—heirs can't access their inheritance for months.

A: The will specifies amounts or percentages. If there's no will, California intestacy law divides the estate automatically. If the will is ambiguous, the court interprets it. If heirs disagree, they can litigate.

A: They can contest the will on valid grounds (lack of capacity, undue influence, fraud, improper execution). If successful, the will is invalidated and intestacy law applies. If unsuccessful, they get nothing and may pay court costs.

A: Not unless named in the will or covered by intestacy law. You can disinherit children (though this must be intentional in the will). If you die without a will, children inherit per California intestacy rules.

A: Yes. An heir can disclaim their inheritance, which means they renounce it. The disclaimed share goes to the next person in line or back to the estate. This is done in writing with the court.

A: Stepchildren don't automatically inherit unless adopted. If you want a stepchild to inherit, name them in your will. Adopted stepchildren are treated as biological children.

A: California has no state inheritance tax. Federal inheritance tax only applies to estates over $13.61 million (2024). Most California estates pay no inheritance tax. Estate taxes are different (paid by the estate, not heirs).

A: Lack of mental capacity (testator couldn't understand the will), undue influence (someone pressured the testator), fraud (testator was deceived), improper execution (not signed correctly), or revocation (a newer will exists). Mere disagreement isn't enough.

A: When someone uses pressure, manipulation, or coercion to get the testator to make a will favoring them. Classic example: an adult child isolates an elderly parent and convinces them to leave everything to that child.

A: You need evidence of the relationship between the testator and the person exerting influence, opportunity (access to the testator), and unusual provisions favoring that person. Medical records showing cognitive decline help. It's hard to prove.

A: Generally no. You need "standing," meaning you'd benefit from the contest. Typically only omitted heirs or beneficiaries of a prior will can contest.

A: You pay your own attorney fees (and possibly the other side's fees if the judge finds your contest frivolous). The will stands and is enforced as written.

A: Partially. A no-contest clause threatens to disinherit anyone who challenges the will. But California law lets people challenge on valid grounds (capacity, undue influence, fraud) without triggering the clause.

A: The court. If contested, a judge (or jury in some cases) hears evidence and decides validity.

A: 18-36 months typically. Probate is delayed during the contest. Once resolved, probate continues.

A: Yes. The probate process requires publication of creditor notices. Creditors have 4 months to file claims. They can sue the estate if it owes them money.

A: Yes. Email accounts, cryptocurrency, social media, online businesses, cloud storage—all are considered property and are part of the probate estate. Without access information, they may be inaccessible and lost forever.

A: Crypto is treated as property. If stored on an exchange, the executor can recover the account with a death certificate. If stored in a private wallet without documented private keys, it's likely permanently lost. Digital asset planning is critical.

A: No, unless the deceased shared passwords or explicitly authorized it. Most terms of service prohibit sharing passwords. The executor must request account recovery from the platform with a death certificate.

A: They file a creditor claim during the creditor notice period (4 months in California). If valid, the claim is paid from estate assets. If disputed, they can sue.

A: These survive death. If there are minor children or an ex-spouse due support, the estate may be liable. Courts prioritize these claims above other debts.

A: In California, heirs are generally not personally liable for the deceased's debts. The estate is liable, and creditors must file claims in probate. If the estate has no assets, the creditor gets nothing. This applies to medical debt, credit card debt, and most other debts.

A: Mortgages and secured loans (car loans, etc.) don't go away at death. The property is subject to the debt. The executor can sell the property to pay the debt, or the heir can take the property and assume the debt.

A: They can, but they must pay off the mortgage or assume it. If there's no money in the estate to pay the mortgage, the heir must use their own money or refinance the home in their name.

A: Sort of. You can leave your pet to someone in your will, but they can refuse. A pet trust is much better—it names a caregiver and funds the pet's care, making it binding.

A: Minor children can't own property directly. The court appoints a guardian (if not named in the will) and may appoint a conservator to manage inherited assets. The property is held in trust until the child reaches 18.

A: Their inheritance is held in a conservatorship or trust until age 18. A guardian manages it for their benefit. The executor must account to the court for the minor's assets.

A: It allows certain small estates (under $166,250 in property value) to bypass formal probate and use a simplified affidavit process. Much faster and cheaper than full probate.

A: If the total estate value (minus vehicles and real property) is under $166,250, yes. The exact threshold changes annually. Petaluma-area estates often qualify.

A: No. California abolished its inheritance tax in 2005. Only the federal government taxes inherited property, and only if the estate exceeds $13.61 million (2024).

A: Prop 19 (effective February 2021) ended the Prop 13 protection for inherited property (except for primary residences). When you inherit real property, it's reassessed at current market value, and property taxes jump significantly. Plan for this in your budget.

A: California has mandatory waiting periods (4 months for creditor claims, 4 months after appointment before final distribution). Court backlogs add 3-6 additional months. Total: 12-18 months minimum for straightforward estates.

A: If the deceased owned property in multiple states, you must probate in each state. California handles California property. This "ancillary probate" is expensive and slow. Trusts avoid this.

A: California recognizes community property (property acquired during marriage as a joint effort). Community property has unique tax benefits. At death, the surviving spouse gets a "step-up" in basis for the entire community property, which can save substantial capital gains taxes.

A: If someone dies with significant assets in a minor's name or owes guardianship duties, a conservatorship is established. The conservator manages assets for a disabled or incompetent person. It's separate from probate but uses similar court processes.