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Probate checklist

Where am I in probate?

Probate can feel like a maze. Check off the steps you've finished and we'll show you what comes next, and how we help with the house.

Interactive checklist

Where am I in probate?

Check off the steps that are done. We'll show you what comes next. Every case is different, so your attorney has the final word.

Your checkmarks are saved only on this device. This is general information, not legal advice.

Understand your numbers

Probate in plain English

What probate is

The court process that settles someone’s estate after they pass, when things weren’t put in a trust.

Who runs it

The executor (named in the will) or the administrator (picked by the court if there is no will).

How long it takes

Often 9 to 18 months in California, depending on the court and the estate.

Full or limited authority

With full authority, the executor can often sell without a court hearing. With limited authority, the judge has to approve the sale, and others can bid more in court.

The house

The executor has to keep the home safe and insured, and keep paying the bills, until it is sold or handed to an heir.

Tips

Good to know

Secure the home right away

Change the locks, stop the mail, and tell the insurance company the home may be empty.

Keep paying the mortgage

If there is a loan, keep it current. Late payments add costs and can cause big problems.

Don't wait to plan the sale

You can't sell before you have Letters, but you can get a price opinion and plan ahead now.

Questions

Questions people ask

Can we skip probate?

Sometimes. Homes in a living trust, and some very small estates, can skip it. Your attorney can tell you.

Do I need an attorney?

It's not required, but most families use one. Probate has a lot of court deadlines and forms.

Can family live in the home during probate?

Often yes, but the executor still has to protect the home and the estate. Talk to your attorney about rent and costs.

Are the steps the same for every case?

No. This is a general guide. Your attorney and the court have the final say.

Talk to Angela

Selling a home in probate?

Angela works with executors and attorneys all the time. She can give you a price opinion now, take care of the home while you wait, and handle the sale when the court says go.

More free tools

Not sure where to start?

Call Angela. No pressure and no cost to talk. Just honest answers about your home and your options.

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