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.