If you have recently lost a loved one — or are thinking ahead about your own estate — you have probably encountered the word “probate.” For most people, it is a term they have heard but never had to deal with firsthand. Understanding what probate is, when it applies, and how to prepare for it can save your family significant time, money, and stress.
This guide explains the California probate process in plain terms and outlines the practical steps families in Bakersfield and throughout Southern California can take to prepare — whether probate is already underway or you are planning ahead.
What Does “Probate” Mean?
The word comes from the Latin probare, meaning “to prove.” In legal terms, probate is the court-supervised process of validating a deceased person’s will (if one exists) and administering their estate — identifying assets, paying debts and taxes, and distributing what remains to the appropriate heirs.
In California, probate proceedings are governed by the California Probate Code and handled by the Superior Court in the county where the deceased lived. For Bakersfield residents, this is the Kern County Superior Court.
Does Every Estate Go Through Probate?
No. Several types of assets pass to heirs outside of probate entirely, including:
- Assets held in a properly funded living trust
- Jointly owned property with right of survivorship
- Accounts with designated beneficiaries (life insurance, IRAs, 401(k)s, payable-on-death bank accounts)
- Real property subject to a Transfer on Death Deed (TODD)
Estates with a gross value under California’s small estate threshold — currently $184,500 — may also qualify for a simplified small estate affidavit process that bypasses formal probate.
When an estate does not have these protections in place and its value exceeds the threshold, formal probate is generally required.
Why Does Probate Matter?
For families who are unprepared, probate can be a significant burden. Here is why it matters:
It takes time. A typical California probate takes nine to eighteen months. Complex estates can take two years or more. During that time, heirs may not have access to inherited assets.
It costs money. California sets statutory fees for both the probate attorney and the executor based on the gross estate value — not the net. For a $600,000 estate, combined fees alone can exceed $28,000, before court costs or other expenses.
It is public. Unlike a trust, a will filed in probate becomes a public record. Anyone can access the details of your estate, including its value and who receives what.
It can create conflict. Without clear planning, probate can become a flash point for family disagreements — especially in blended families or situations where the deceased’s wishes were not clearly documented.
What Happens If There Is No Will?
Dying without a valid will is called dying “intestate.” In that case, California’s intestate succession laws — not the deceased’s personal preferences — determine who inherits. Assets pass to the closest living relatives in a fixed order: spouse first, then children, then parents, siblings, and so on.
This means an unmarried partner of many years may receive nothing. Stepchildren who were never formally adopted have no automatic legal standing. A close friend or favorite charity gets overlooked entirely. Working with a wills attorney in Bakersfield to put a clear, valid document in place is one of the most straightforward gifts you can give your family.
The Role of the Executor
Whether named in a will or appointed by the court, the executor (sometimes called a personal representative) is responsible for managing the entire probate process. This includes:
- Petitioning the court to open probate
- Locating and securing all estate assets
- Notifying creditors and settling valid debts
- Filing the deceased’s final tax returns and any estate tax returns
- Maintaining the estate’s property until distribution
- Distributing assets to beneficiaries once the court approves
Being an executor is a substantial responsibility. Many executors work closely with a probate attorney to ensure they meet all legal deadlines and avoid personal liability for mistakes made during administration.
How to Prepare for Probate as an Executor
If you have been named executor — or expect to be — there are several things you can do to be ready before probate even begins.
Locate the Will and Key Documents
Find the original will and keep it in a safe place. You will also need the death certificate (you will likely need multiple certified copies), financial account statements, property deeds, vehicle titles, insurance policies, and recent tax returns. The more organized these documents are, the smoother the process will be.
Identify All Assets and Debts
Take a thorough inventory of what the deceased owned and what they owed. Check bank accounts, investment accounts, retirement accounts, real estate, vehicles, and any business interests. Also look for outstanding mortgages, loans, credit card balances, and any ongoing legal matters.
Notify Relevant Parties
Creditors must be formally notified — California law requires this, and most states mandate publication of a notice in a local newspaper as well. The Social Security Administration, pension providers, and any financial institutions holding accounts in the deceased’s name should also be contacted promptly.
Consult a Probate Attorney Early
Even if the estate seems straightforward, consulting a Bakersfield probate attorney early in the process can prevent costly mistakes. Probate involves strict court deadlines, formal accounting requirements, and rules that vary depending on the size and composition of the estate. An attorney can identify issues before they become problems — including potential creditor disputes, title complications on real property, or questions about asset valuation.
How to Prepare Your Own Estate to Avoid Probate
If you want to spare your family the time and expense of probate, proactive estate planning is the most effective approach. Some of the most widely used strategies include:
Living Trusts. A revocable living trust holds your assets during your lifetime and transfers them to your chosen beneficiaries after death — without court involvement. It also gives a trustee authority to manage your affairs if you become incapacitated before death.
Transfer on Death Deeds. A TODD allows real property to pass directly to a named beneficiary at death, avoiding probate for that asset. California has recognized TODDs since 2016.
Beneficiary Designations. Keeping retirement accounts, life insurance policies, and payable-on-death bank accounts updated with current beneficiary designations keeps those assets out of probate entirely.
Joint Ownership. Property held jointly with right of survivorship automatically passes to the surviving co-owner, bypassing the probate process.
Advanced Gifting. Strategically transferring assets to heirs while you are still alive removes those assets from your estate. An attorney can help structure these gifts to avoid unintended tax consequences.
Beyond probate avoidance, a complete estate plan should also address powers of attorney, advance healthcare directives, and — if you have minor children or stepchildren — guardianship designations.
When Should You Review Your Estate Plan?
Estate plans are not set-and-forget documents. Major life changes often require updates:
- Marriage, divorce, or remarriage
- The birth or adoption of a child
- The death of a named beneficiary or executor
- A significant change in assets or financial circumstances
- Moving to a new state
California has specific rules around how life changes affect existing documents — particularly wills and beneficiary designations. An outdated plan can be nearly as problematic as no plan at all.
Speak With a Bakersfield Probate Attorney
Whether you are navigating probate for a loved one’s estate or want to protect your own family from the process, the Law Offices of Robert H. Brumfield, P.C. is ready to help. Robert Brumfield and his team bring compassion and deep knowledge of California probate law to every client they serve.
Schedule a free consultation today and take the first step toward protecting what matters most.
This article is intended for general informational purposes and does not constitute legal advice. For guidance specific to your situation, please consult a licensed California probate attorney.