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Probate: what it means

Probate is the legal process for transferring or inheriting a person's property after they die. According to the California courts, sometimes you do not need to go to court: it depends on how much and what kind of property the person left, and probate may be needed even if there is a will.

In Spanish it is

Proceso de sucesión (probate)

Also written as: probate court · going through probate · estate administration

The full explanation

In court, a judge appoints a personal representative, who collects the property, pays the bills of the person who died and distributes what is left to the heirs or beneficiaries. If there is a will, the court also decides whether it is valid. The requirements depend on each place's laws.

An example

When his father dies, Luis finds the original will and delivers it to the court. The judge appoints Luis personal representative; he pays the outstanding bills and then distributes the house and savings as the will says.

You will see it in…

  • Papers from your county's probate court
  • The will of a relative who died
  • Letters from banks or creditors about the accounts of someone who died
A pregnant woman reads paperwork on the sofa while the grandmother plays with the girl on the floor.

Still confused by a paper?

A HUD-approved housing counselor can walk you through it. Agencies usually charge little or nothing, many work in Spanish, and they do not sell you anything.

Official sources

We sum up what these official sources say, in plain words. We add no rules they do not state; when a rule changes, the definition and its date change.

  1. 1. California Courts Self-Help Guide · Guide to property after someone dies (external site) · in English · Verified on October 17, 2026
  2. 2. Legal Information Institute (Cornell Law School) · Wex: probate (external site) · in English · Verified on October 17, 2026