Probate is the legal process for transferring a person's property after they die (California Courts Self Help Guide). A court appoints someone to collect the property, pay the bills and distribute what is left to the people entitled to it. Not every estate needs it, and the rules differ by state. A formal case in California typically takes 9 to 18 months (California Courts Self Help Guide).
This page explains how probate generally works. We use California and New York as examples because their courts publish clear guides. Your state's rules may be different, and this is not legal advice.
Sort your parent's assets
A first step is to list what the person owned and owed (California Courts Self Help Guide). Check everything that applies to see which items may be part of the probate estate.
A rough first sort only. Nothing you check leaves this page. A court self-help center or a probate attorney can confirm how each item is treated in your state.
Who is in charge
- If there is a will, the person it names, often called the executor, generally handles probate (California Courts Self Help Guide).
- If there is no will, a close relative often takes it on.
- In a formal case, a judge appoints a personal representative. That person collects the property, pays the bills and distributes what remains to the heirs or beneficiaries (California Courts Self Help Guide).
The three parts of a formal case
This is how California's courts describe it (California Courts Self Help Guide). Other states follow a broadly similar shape, with different forms and deadlines.
| Part | What happens |
|---|---|
| 1. Open the case | File a petition in the county where the person lived, pay the filing fee or ask for a waiver, notify family and possible heirs, publish a notice in a newspaper, and attend a hearing where the judge appoints the personal representative |
| 2. Administer the estate | Take inventory and have property valued, notify creditors, pay debts from the estate, deal with taxes, and report to the court |
| 3. Close the estate | File a final report and a request to distribute what is left. The judge decides at a final hearing |
How much it can cost
In California, the filing fee is typically $435, and administration costs are often well over $1,000 and can be much more. Fees for the personal representative and any lawyer are generally set by law as a percentage of the estate (California Courts Self Help Guide). The personal representative usually has to pay many fees upfront and is paid back from the estate later. Fees differ in other states.
When a full court case may not be needed
Depending on how property is owned and how much there is, a simpler process may be available (California Courts Self Help Guide). Many states have a small estate procedure, with different limits and rules.
| Example | Limit | Key conditions |
|---|---|---|
| California small estate affidavit | $208,850 if the person died on or after April 1, 2025 (California Courts Self Help Guide) | No court case. At least 40 days must have passed since the death. Cannot be used for a house or land (California Courts Self Help Guide) |
| New York small estate (voluntary administration) | Less than $50,000 of personal property (New York State Unified Court System) | Filed in Surrogate's Court. Not available if the person owned a house or land in their name alone |
Limits change. California's next update is due April 1, 2028. Check your own state's court website for the current figure.
Debts and taxes
- Debts. Debts are generally paid from the estate. If the estate cannot pay them and no one shared responsibility, they may go unpaid (Consumer Financial Protection Bureau). It is illegal for a debt collector to suggest you must pay from your own money if you are not responsible.
- Final income tax return. It is generally filed the same way as if the person were alive, reporting income up to the date of death. Form 1310 is used to claim a refund (Internal Revenue Service).
- Federal estate tax. The basic exclusion amount for deaths in 2026 is $15,000,000 (Internal Revenue Service), so most families will not owe it. Some states have their own estate or inheritance taxes.
- Medicaid. If your parent had Medicaid long-term care, the state may seek repayment from the estate. See our Medicaid guide.
Where to get help
- Your county probate court. In New York it is called Surrogate's Court. Many courts have self-help centers.
- A probate or estate attorney. The CFPB suggests contacting a lawyer referral service in your area (Consumer Financial Protection Bureau).
- If you find an original will in California, it must be delivered to the court (California Courts Self Help Guide). Ask your court what applies in your state.
Common questions
Does having a will avoid probate?
No. A person's estate may need to go through probate even if they had a will. A will names who should receive property and who should be in charge, and the court process carries that out.
What happens if there is no will?
State law decides who inherits, which is called intestate succession. A judge appoints someone to handle the estate, often following an order of priority that starts with close relatives.
Do I have to pay my parent's debts?
Generally no. Debts are generally paid from the estate. The CFPB says you are not typically responsible unless, for example, you co-signed, held a joint credit card account, or your state law makes a surviving spouse responsible.
Do I need a lawyer for probate?
Not always, but the rules are detailed. California's courts say the personal representative can hire a lawyer if they want, and can often pay for a consultation to answer a question while continuing on their own.
Related guides
What to do when someone dies
A step-by-step checklist for the first hours, the first week and the first months after a death, with the official agencies to notify.
Medicaid long-term care
How Medicaid long-term care works: what it pays, the 60-month look-back, spousal protections and estate recovery.
How much does a funeral cost?
National median funeral costs, what a funeral home must show you under the FTC Funeral Rule, and a worksheet to total the price list you were given.
Sources
- Guide to property after someone dies, California Courts Self Help Guide. Checked November 8, 2026.
- Overview of formal probate, California Courts Self Help Guide. Checked November 8, 2026.
- Check if you can use a simple process to transfer property, California Courts Self Help Guide. Checked November 8, 2026.
- Small estate affidavit to transfer personal property, California Courts Self Help Guide. Checked November 8, 2026.
- Small Estate: When a Person Dies with less than $50,000, New York State Unified Court System. Checked November 8, 2026.
- Does a person's debt go away when they die?, Consumer Financial Protection Bureau. Checked November 7, 2026.
- File the final income tax returns of a deceased person, Internal Revenue Service. Checked November 8, 2026.
- Instructions for Form 706, Internal Revenue Service. Checked November 8, 2026.
This guide explains general rules. It is not medical, legal or financial advice for your situation. Program rules and amounts change, usually each January (Medicare and Medicaid) and each October (VA). Confirm details with the agency or a qualified professional before you decide. See our editorial policy.