The probate process in California can be complicated, especially for families who are grieving and trying to manage legal matters at the same time. Probate is the court-supervised process of distributing a deceased person’s estate. Even when a will exists, families often make avoidable errors that delay the process, increase costs, or create unnecessary conflict.
Here are some of the most common probate mistakes we see in California, and some guidance on how to prevent them from disrupting an already difficult time.
Failing to start the process promptly
One of the most common mistakes families make is waiting too long to begin probate. In California, there is no strict deadline for when probate must be filed, but unnecessary delays can cause problems. Assets may be frozen, bills can go unpaid, and family tensions may rise. Starting the process in a timely manner allows the executor to begin managing the estate and accessing important information.
Not understanding the role of the executor
Serving as an executor is a legal responsibility, not just a family favor. The executor must locate and value all assets, notify creditors, pay debts and taxes, and distribute the estate according to the will or state law. Many executors underestimate the time, effort, and potential liability involved. Mistakes in this role can lead to delays, legal disputes, or even personal financial responsibility.
If you are named as an executor, it is important to work with a California probate attorney who can guide you through each step of the process.
Overlooking assets or beneficiaries
Another common issue is failing to identify all of the estate’s assets or beneficiaries. Sometimes families are unaware of certain bank accounts, real estate, retirement funds, or personal items with value. In other cases, they may forget to include estranged relatives or heirs required by law to be notified, even if those individuals are not in the will.
California probate courts require full transparency and a detailed inventory. Missing or incomplete information can trigger legal objections and delay estate closure.
Using estate funds without court approval
In California, executors must follow specific legal procedures before using estate funds. This includes paying bills, selling property, or distributing assets. Using estate money before receiving court authorization is a mistake that can lead to personal liability and mistrust among family members.
Executors should always wait for letters of administration and follow formal steps before taking action. Keeping detailed records and communicating clearly with the court and beneficiaries helps prevent confusion.
Ignoring non-probate assets
Not all assets go through probate. Life insurance policies, retirement accounts, joint bank accounts, and assets held in a living trust pass directly to named beneficiaries. A common mistake is treating these assets as part of the probate estate when they are not.
Misunderstanding which assets are subject to probate can lead to incorrect distributions and legal challenges. Review all account titles and beneficiary designations carefully. A probate attorney can help clarify what is and is not included in the process.
Trying to do everything alone
Probate is a legal process governed by strict timelines and detailed court procedures. Many families try to manage it without professional help, thinking it will save money. In reality, this often leads to costly errors, missed deadlines, and court interventions that prolong the process.
Working with a California probate attorney can help streamline administration, avoid unnecessary mistakes, and reduce stress during a difficult time.
Final thoughts
Probate does not have to be overwhelming, but it requires attention to detail and a clear understanding of California law. By avoiding these common probate mistakes, families can settle estates more smoothly and honor their loved one’s wishes with fewer complications.
If you have lost a loved one and need help navigating the probate process, DiDuca Ellingson, APC is here to help. Call (530) 343-3454 or visit diducalaw.com to schedule a free consultation with our experienced probate team.