Probate Process Checklist
A Step-by-Step Guide From Death to Estate Closure
This checklist provides a practical, chronological overview of the probate process in California. It is designed to help executors, administrators, and families understand what must be done, when it must be done, and why each step matters.
The checklist follows the typical probate timeline—from the moment of death through final distribution and closure of the estate.
Phase 1: Immediate Steps (First 1–7 Days)
☐ Obtain Legal Pronouncement of Death
Required before any legal or financial actions can be taken.
☐ Secure the Residence and Assets
- Lock the home
- Secure valuables
- Forward mail
- Protect vehicles and personal property
☐ Order Certified Death Certificates
Recommended: 8–12 copies for banks, insurers, court filings, and asset transfers.
☐ Locate Key Documents
- Will or trust documents
- Property deeds and titles
- Bank and investment statements
- Insurance policies
- Tax returns
- Social Security information
☐ Notify Immediate Family Members
Ensure all interested parties are informed.
Phase 2: Preliminary Administration (Weeks 1–4)
☐ Determine Whether Probate Is Required
- Asset ownership structure
- Presence of a trust
- Beneficiary designations
- Estimated estate value
☐ Identify the Appropriate Probate Path
- No probate required
- Small estate procedure
- Formal probate administration
☐ Identify the Personal Representative
- Executor (named in the will)
- Administrator (court-appointed if no will)
☐ Consult a Probate Professional (Recommended)
Early guidance helps avoid delays and compliance issues.
Phase 3: Opening Probate (Months 1–2)
☐ File Petition for Probate
- Petition for appointment
- Original will (if applicable)
- Death certificate
☐ File Duties and Liabilities Statement
☐ Publish Notice to Creditors
Legal notice published in a court-approved newspaper.
☐ Provide Notice to Heirs and Beneficiaries
☐ Attend Probate Hearing
Court formally appoints the personal representative.
☐ Receive Letters Testamentary or Administration
Legal authority to act on behalf of the estate begins.
Phase 4: Inventory and Valuation (Months 2–4)
☐ Identify All Probate Assets
- Real estate
- Bank accounts
- Investment accounts
- Personal property
- Business interests
☐ Open an Estate Bank Account
☐ Appoint a Probate Referee (If Required)
☐ Complete Inventory and Appraisal
- Prepare DE-160 / DE-161
- Use date-of-death values
☐ File Inventory and Appraisal With the Court
Phase 5: Creditor Claims and Debts (Months 3–6)
☐ Receive and Review Creditor Claims
☐ Accept or Reject Claims Within Statutory Deadlines
☐ Pay Approved Claims in Legal Priority Order
☐ Resolve Contested or Disputed Claims
☐ Maintain Detailed Records of All Payments
Phase 6: Administration and Asset Management
☐ Maintain or Sell Real Property (If Applicable)
☐ Manage Ongoing Estate Expenses
☐ File Required Tax Returns
- Final personal income tax return
- Estate income tax return (if required)
☐ Communicate Regularly With Beneficiaries
Transparency helps prevent misunderstandings and disputes.
Phase 7: Final Accounting and Distribution
☐ Prepare the Final Accounting
- Receipts
- Disbursements
- Remaining estate assets
☐ File Petition for Final Distribution
☐ Provide Notice to Beneficiaries
☐ Attend Final Probate Hearing
☐ Receive Court Approval
Phase 8: Close the Estate
☐ Distribute Assets to Beneficiaries
☐ Obtain Signed Receipts
☐ Close Estate Bank Account
☐ File Final Documents With the Court
☐ Retain Estate Records
Post-Probate Checklist
☐ Retain Records for at Least Seven Years
☐ Confirm All Title Transfers Are Complete
☐ Confirm All Tax Filings Are Complete
☐ Update Personal Estate Plans (If Applicable)
Final Note
Probate is not a single task—it is a structured legal process with defined stages and responsibilities. Following this checklist helps support compliance, reduce risk, minimize disputes, and maintain clear documentation throughout the administration of an estate.
When uncertainty arises, slow down, document carefully, and seek appropriate professional guidance.