» Probate Frequently Asked Questions

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Probate can feel overwhelming, especially while grieving. These answers provide a simple overview of the process. Every estate is different, so legal questions should be discussed with a qualified probate attorney.

What is probate?

Probate is the court-supervised process of settling a deceased person’s estate. It may include validating the will, paying debts and taxes, selling property, and distributing assets to beneficiaries.

How long does probate take?

In California, probate commonly takes 9 to 18 months. Complicated estates, family disputes, property problems, or court delays may extend the process.

Who manages the estate?

The court appoints a personal representative—also called an executor or administrator—to protect the estate’s assets, pay valid expenses, complete required filings, and distribute the remaining property.

Can probate property be sold?

Yes. Probate property may be sold to pay estate expenses, satisfy debts, or distribute proceeds among the beneficiaries. The sale must follow California probate requirements and may require court approval.

What happens if there is no will?

When someone dies without a valid will, California law determines who inherits the estate. The court appoints an administrator to manage the probate process.

Must every estate go through probate?

No. Assets held in a living trust, jointly owned property, and accounts with designated beneficiaries may transfer without probate. Smaller estates may also qualify for simplified procedures.

How much does probate cost?

Costs vary depending on the estate’s value and complexity. Expenses may include court fees, attorney and personal representative fees, appraisals, property maintenance, and real estate costs.

Why use a Certified Probate Expert?

Probate real estate sales require careful communication, organization, and knowledge of court procedures. As a Certified Probate Expert with more than 10 years of experience, Gail Rossetti helps families prepare, market, and sell estate property while working closely with their attorney and other professionals.

Important Probate Terms

Beneficiary: A person or organization entitled to receive estate assets.
Decedent: The person who has died.
Executor: The person named in a will to administer the estate.
Administrator: A person appointed by the court when there is no executor.
Intestate: Dying without a valid will.
Testate: Dying with a valid will.
Codicil: A legal amendment to an existing will.

This information is provided for general educational purposes and is not legal or tax advice. Please consult a qualified attorney or tax professional regarding your circumstances.

Rossetti Realty Inc.