Probate
Probate is the court process that transfers the legal ownership of a person’s property after their death. The department in Superior Court that handles probate matters is often referred to as Probate Court.
About Probate
Probate involves a court case that addresses the following:
- Determining if a will exists and whether it is valid.
- Identifying the decedent’s heirs and beneficiaries.
- Assessing the value of the decedent’s property.
- Managing the decedent’s financial responsibilities, such as debts and expenses.
- Transferring the decedent’s property to their heirs and beneficiaries.
In a probate case, the court appoints an executor (if there is a will) or an administrator (if there is no will) as the personal representative. This representative collects the decedent’s assets, pays debts and expenses, and distributes the remaining estate to the beneficiaries under court supervision. The entire probate process typically takes between 9 months to 1 ½ years, or longer in some cases.
However, probate is not required under the following circumstances:
- If the deceased person’s estate consists entirely of community property and there is a surviving spouse.
- If the property is held in joint tenancy with another person.
- If the property was transferred by gift before death or placed into certain types of "living trusts."
Overview of the Steps Involved
Within 30 days of a person's death, the individual holding the decedent's will must file it with the superior court in the county where the decedent lived. The probate judge verifies that the document is the decedent's last will, appoints the executor named in the will (or an administrator if there is no will), and supervises the administration of the estate.
The probate court issues "Letters Testamentary" or "Letters of Administration" to formally authorize the executor or administrator to act on behalf of the estate. During the estate administration, certified copies of these letters may be required by banks, title companies, tax authorities, and other institutions.
The law mandates the publication of a Notice of Petition to Administer Estate, which notifies all creditors to file their claims against the estate. Creditors typically have four months to submit their claims.
The probate court oversees the distribution of the estate according to the terms of the will. If no will exists, state laws determine the heirs of the estate, and the court directs its distribution in accordance with those laws.
Where to Get More Info
For more details about wills, estates, and probate, visit the California Courts' Self-Help page: Guide to Wills, Estates, and Probate Court.
Guide to Wills, Estates, and Probate Court
If your situation involves multiple heirs or varied types of assets, you may also wish to consult with an attorney for personalized legal guidance.
Frequently Asked Questions
In the Clerk's Office located in Room 104 of the Plumas County Courthouse at 520 Main Street, Quincy, CA 95971.
Probate matters often proceed slowly, as many detailed steps are required to ensure all creditors are paid, all property is identified, taxes are settled, and titles to assets are properly transferred.
Typically, it takes four to six weeks after the decedent's death to appoint an executor or administrator. Even in the simplest probate cases, the law mandates a minimum waiting period of four months after the Notice to Creditors has been issued before any action can be taken to distribute or close the estate.
If the estate requires the preparation and filing of a federal estate tax return (IRS Form 706), the process may take significantly longer. Since the financial circumstances of each decedent vary, some estates may necessitate more extensive court involvement than others.
To find out if an action has been filed, you may:
- Check In Person at the Clerk's Office
520 Main Street, Room 104, Quincy, CA 95971 - Request the Information via Mail
Plumas Superior Court
520 Main Street
Room 104
Quincy, CA 95971
You may request the court to waive all or part of the fees by completing the appropriate fee waiver request forms. If the request is granted, the court will issue an order specifying the fees that are waived.
Forms can be obtained in person at the Hall of Justice or online by visiting the California Courts' Self-Help page: Asking for a Fee Waiver if You Can't Afford Filing Fees.
You can request copies through the clerk's office; either online, in person, or by mail. For more information and to submit a request online, visit the Record Searches page.
For information on remote appearances, visit the Remote Appearances page. Zoom and CourtCall (telephonic) appearances are permitted under certain circumstances in Probate cases.
Please note that specific forms, procedures, and time constraints for filing, serving, and complying with applicable rules may apply and must be completed in advance of your proceeding. Visit the Remote Appearances page for additional details.
In many cases, an estate may not require formal probate. However, even when formal probate is unnecessary, some form of legal process is often required, particularly when the estate includes an interest in real property.
The probate proceeding must be filed in the county where the decedent resided or owned real property.
If the deceased person’s property qualifies as a small estate and you have the legal right to inherit it, you may not need to go to court to obtain the property. To qualify as a small estate, the property’s value must be under a specific amount, which can vary depending on the date of the decedent’s death:
- If the decedent died on or after April 1, 2022, the estate is considered small if it is valued at $184,500 or less.
- If the decedent died before April 1, 2022, the estate is considered small if it is valued at $166,250 or less.
It’s important to check the current small estate limits to confirm what applies in your situation. Additionally, learn how to value an estate by visiting the California Courts' Self-Help page: Simplified Procedures to Transfer an Estate.
The court does not appoint attorneys for probate cases. You may hire private counsel of your choosing.