Probate administration is the court-supervised process used in California to collect a deceased person's probate assets, confirm the personal representative's authority, pay valid debts and taxes, and distribute the remaining property to heirs or beneficiaries. Probate administration is often required when a decedent owned assets in their individual name (not in a trust) and those assets do not pass by beneficiary designation or joint ownership. Westlake Law Group assists clients throughout Westlake Village, Thousand Oaks, Calabasas, Ventura County, and Los Angeles County with probate administration, including contested matters involving will disputes, executor conduct, and creditor claims.
Probate can become expensive and slow when records are incomplete, real estate must be managed or sold, assets require appraisal, creditor claims are disputed, or family members disagree about who should serve and how distributions should occur. A structured approach to probate administration reduces delay, improves compliance, and lowers the risk of personal representative liability.
If you need help with probate administration in Southern California, call (818) 444-2022 to schedule a confidential consultation.
What Is Probate Administration?
Probate administration is the formal process overseen by the Superior Court's Probate Division. It generally includes:
- Filing a petition and obtaining a court hearing date
- Appointment of a personal representative (executor or administrator)
- Issuance of “Letters” (proof of authority)
- Notice to heirs/beneficiaries and creditor-related procedures
- Inventory and appraisal of estate assets
- Management and sale of estate property when necessary
- Payment of valid debts, expenses, and taxes
- Petition for final distribution and closing of the estate
California probate law is primarily contained in the Probate Code. Official statutes are available at:
https://leginfo.legislature.ca.gov
When Probate Administration Is Required
Probate administration is most commonly required when the decedent owned probate assets such as:
- A residence or other real estate titled in the decedent's individual name
- Bank or brokerage accounts titled solely in the decedent's name without payable-on-death designations
- Tangible personal property of meaningful value not transferred by non-probate procedures
- Business interests that require court authority or documentation to transfer or manage
- Refunds, claims, or legal rights payable to the estate
By contrast, probate may be avoided (fully or partially) when assets pass outside probate, including through trusts, survivorship title, and beneficiary designations.
Starting the Case: Petition for Probate and Court Hearing
A probate case is typically opened by filing a Petition for Probate. The Judicial Council form commonly used is DE-111:
https://www.courts.ca.gov/documents/de111.pdf
The petition requests appointment of the personal representative and, when applicable, probate of the will. Notice and publication requirements apply to most probate petitions. Probate Code section 8120 addresses publication of notice of hearing:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8120.
Appointment and Authority: When the Personal Representative Can Act
A personal representative generally cannot administer the estate until appointed by the court and “Letters” are issued. Probate Code section 8400 addresses when the appointment becomes effective (upon issuance of letters):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8400.
Judicial Council form DE-150 (Letters) is here:
https://www.courts.ca.gov/documents/de150.pdf
Many courts require an acknowledgment of Duties and Liabilities of Personal Representative (DE-147):
https://www.courts.ca.gov/documents/de147.pdf
Inventory and Appraisal Requirements
A major milestone in probate administration is identifying estate assets and filing the Inventory and Appraisal. Probate Code section 8800 states the personal representative must file an inventory and appraisal:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8800.
The Inventory and Appraisal forms are typically DE-160 and DE-161:
Many probates require a probate referee for appraisal of certain assets. The State Controller maintains probate referee information here:
https://www.sco.ca.gov/eo_probate.html
Creditor Claims and Statutory Deadlines
Creditor issues often control the probate timeline. Probate Code section 9100 sets the general deadline for creditor claims as the later of four months after Letters are first issued or 60 days after notice of administration is mailed or personally delivered to the creditor:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=9100.
Because improper payments or early distributions can expose the personal representative to personal liability, creditor handling is a core risk area in probate administration.
Managing Estate Assets During Administration
Probate administration frequently requires active management of estate assets, including:
- Securing and insuring real estate, collecting rents, and maintaining property
- Managing bank and brokerage accounts, including consolidating statements and tracking transactions
- Handling business interests and protecting operating value where possible
- Selling assets when needed for liquidity, equalization among beneficiaries, or debt payment
- Keeping accurate records to support reimbursements, fee requests, and later accounting
The personal representative's management duties and standard of care are addressed in Probate Code section 9600:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=9600.
If there is a breach of duty, Probate Code section 9601 addresses potential liability for losses and other consequences:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=9601.
Tax Reporting and Related Administration Tasks
Probate administration often overlaps with tax reporting, including the decedent's final income tax return and, in some cases, fiduciary income tax returns for the estate.
IRS Publication 559 (Survivors, Executors, and Administrators) is here:
https://www.irs.gov/publications/p559
California Franchise Tax Board estates and trusts information is here:
https://www.ftb.ca.gov/file/personal/filing-situations/estates-and-trusts/index.html
Final Distribution and Closing the Estate
When debts have been paid or adequately provided for, and the estate is ready to close, the personal representative typically files a petition for final distribution. Probate Code section 11640 addresses the petition for final distribution when the estate is in a condition to be closed:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=11640.
Final distribution typically requires:
- Resolution of creditor issues and remaining expenses
- Completion of required inventory/appraisal tasks
- Preparation of accountings when required
- Court approval of the proposed distribution plan
- Transfer of title and delivery of assets to beneficiaries/heirs
Executor and Attorney Fees in Probate Administration
California provides statutory compensation rules for ordinary services.
Personal representative compensation for ordinary services is addressed in Probate Code section 10800:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10800.
Attorney compensation for ordinary services is addressed in Probate Code section 10810:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=10810.
Fee and reimbursement disputes commonly arise when records are incomplete, beneficiaries object to transactions, or the estate includes a contested sale of real property.
Probate Administration in Ventura and Los Angeles Counties
Probate administration is handled in the Probate Division of the Superior Court. Westlake Law Group regularly appears in:
Ventura County Superior Court – Probate Division
https://ventura.courts.ca.gov/divisions/probate
Los Angeles County Superior Court – Probate Division
https://www.lacourt.ca.gov/courthouse/mode/division/probate
Judicial Council forms and the statewide forms portal are available here:
https://www.courts.ca.gov/forms.htm
Representative Matters
While every case is unique, Westlake Law Group frequently assists clients with:
- Opening probate and obtaining appointment and Letters
- Managing and selling California real estate during administration
- Coordinating inventory and appraisal requirements and probate referee processes
- Resolving creditor claims and addressing statutory deadlines
- Preparing and defending accountings and fee requests
- Handling disputes involving executor conduct, beneficiary objections, or contested distributions
- Coordinating ancillary issues when out-of-state proceedings intersect with California assets
Frequently Asked Questions
How long does probate administration take in California?
Timing depends on court scheduling, creditor claim periods, inventory/appraisal timelines, asset complexity, and whether there are disputes. Creditor deadlines under Probate Code section 9100 often shape the minimum practical timeline:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=9100.
Can I act as executor immediately after death?
Not generally. Authority typically begins when the court appoints the personal representative and issues Letters. Probate Code section 8400 addresses when the appointment becomes effective:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8400.
What is the Inventory and Appraisal and why does it matter?
It is a required filing listing estate property and appraised values. Probate Code section 8800 addresses the filing obligation:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8800.
When can the estate be distributed and closed?
Typically after debts are paid or provided for and the estate is ready to close. Probate Code section 11640 addresses the final distribution petition:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=11640.
Schedule a Confidential Consultation
Probate administration requires strict procedural compliance, accurate asset identification and valuation, careful handling of creditor and tax issues, and documented decision-making that can withstand beneficiary scrutiny. If you need help with probate administration in Westlake Village, Thousand Oaks, Calabasas, Ventura County, or Los Angeles County, call Westlake Law Group at (818) 444-2022.
Our office is located at 30699 Russell Ranch Road, North Building, Suite 210, Westlake Village, California. Virtual consultations are available throughout Southern California.