Today’s article will demonstrate a clear and practical list of Dos and Don’ts under California probate law, whether you’re an executor, administrator, or heir:

✅ DOs

1. Do File the Will Promptly

  • If you’re in possession of a decedent’s will, you must file it with the probate court within 30 days of learning about the death, even if probate isn’t opened.

  • Probate Code §8200 requires this.

2. Do Petition for Probate

  • The named executor (or next of kin if no will) should file a Petition for Probate (Form DE-111) with the Superior Court in the county where the decedent lived.

3. Do Notify Heirs and Beneficiaries

  • You must send Notice of Petition to Administer Estate (Form DE-121) to all interested parties and publish notice in a local newspaper.

4. Do Inventory and Appraise the Estate

  • The personal representative must file an Inventory and Appraisal (Form DE-160) with the help of a probate referee, typically within 4 months.

5. Do Keep Detailed Financial Records

  • Track every dollar that enters or leaves the estate. You’ll need to file an Accounting (Form DE-174) unless waived by beneficiaries.

6. Do Pay Debts and Taxes

  • Settle all legitimate debts, including state and federal taxes. Get tax clearance if needed, especially for high-value estates.

7. Do Get Court Approval for Big Decisions

  • Major actions like selling real estate or distributing assets often require prior court approval unless full IAEA (Independent Administration of Estates Act) authority is granted.

❌ DON’Ts

1. Don’t Distribute Assets Prematurely

  • You must wait until the court authorizes distribution of the estate. Early distribution without approval can make you personally liable.

2. Don’t Ignore Deadlines

  • Probate has specific timeframes—missed deadlines can result in sanctions, court removal, or even personal liability.

3. Don’t Mix Estate Funds with Personal Funds

  • Open a separate estate bank account. Commingling funds is a serious breach of fiduciary duty.

4. Don’t Fail to Communicate

  • Keep heirs, creditors, and the court informed. Transparency is essential.

5. Don’t Try to Skip Probate Illegally

  • Not all assets go through probate, but trying to transfer probate assets without authority is fraud and can lead to criminal penalties.

6. Don’t Disregard Spousal or Heir Rights

  • California law gives community property rights to surviving spouses and legal protections to omitted heirs (Probate Code §21610, for example).

7. Don’t Overlook Small Estate Alternatives

  • If the total estate is under $184,500 (as of 2024), a simplified procedure like an Affidavit for Collection of Personal Property may be available—no full probate needed.

Additional Dos and Don’ts:

⚖️ Consider Hiring a Probate Attorney

  • California probate can be complex and time-consuming. Legal help can prevent costly mistakes and delays.