Probate
Probate is needed to transfer title after the owner's death whenever title is held in just one name. This house will be transferred to the beneficiaries of John Doe's will if there is one, or to his heirs at law if there is no will, in probate.
This stock certificate will be transferred to the beneficiaries of John Doe's will if there is one, or to his heirs at law if there is no will, in probate.
This bank account will be transferred to the beneficiaries of John Doe's will if there is one, or to his heirs at law if there is no will, in probate.
A typed will, or a will prepared by an attorney, must have at least two witnesses in order to be valid. A will is not sufficient by itself to transfer ownership; a probate or summary court proceeding is needed to transfer the decedent's property to the beneficiaries named in the will.
A handwritten will is valid in California if it is dated, entirely in the handwriting of the person making the will, and signed at the end by the person making the will. If all three of these requirements are met, there is no need for witnesses. However, if there is any typing on the will, it is invalid unless signed by two witnesses at the same time that the person making the will signs.
The states in yellow (the lighter shade) at left recognize the validity of holographic (handwritten) wills.
Probate is required in California to transfer title to a decedent's assets only if the gross value exceeds $100,000. Assets held in joint tenancy, community property with a surviving spouse/domestic partner, assets held in a living trust, and assets payable to a beneficiary named under a contract do not count toward the $100,000 gross value.
Probate requires a minimum of six months, just in required notice periods. The time period needed to probate an estate is generally nine months to one year.
The probate court is authorized to award fees both to the executor and to the attorney for the executor. The executor's commissions and the attorney's fees are equal in amount. The chart shows the statutory fee schedule for California. Note that the fees and commissions are based on the gross value of the estate (no deduction for mortgages or other debts).
The chart shows some examples of attorney's fees and executor's commissions for various sized estates.