Probate and estate sales in La Jolla: how the court steps work

What probate means

Probate is the court process for passing on property after someone dies. This page explains the steps. It does not figure taxes or list fees.

• The estate: everything the person who died owned
• The personal representative: the person who handles the estate. An executor is named in a will. An administrator is usually appointed when there is no will
• The three stages of formal probate: open, manage, close
• Simpler ways to pass on property when full probate may not be needed
• Making a list of what the person owned before you pick a path
• Selling a La Jolla home that is part of the estate
• Where to read more: inherited home & Prop 19, seller prep, guides and La Jolla

Our sources are California Courts Self-Help and San Diego Superior Court public pages. They do not replace advice on your estate or the current forms.

The personal representative (executor or administrator)

California Courts Self-Help says opening probate means asking a judge to name a personal representative. This is the person in charge of the estate. They collect the property, pay the bills and give what is left to the people who have a legal right to it.

• Executor: the person named in a will, then appointed by the court
• Administrator: usually appointed when there is no will, often a spouse, domestic partner or close relative, in the order the rules set
• The rules list who has priority, but a judge decides who is appointed

If the original will is found, Self-Help says to deliver it to the court (called “lodging” it). Send a copy to the named executor, or to a named heir if the executor cannot be found. Check local steps with the San Diego Superior Court or a lawyer.

Formal probate or a simpler path

Formal probate has three main parts, says Self-Help: opening a case, managing the estate, and closing it.

• Opening: filing a Petition for Probate (form DE-111). Then telling family and others with an interest and running a newspaper notice. Then a hearing where a judge may name a personal representative
• Managing: listing and valuing what the person owned. A probate referee (a state-appointed appraiser) values non-cash items. Then telling creditors (people owed money) and paying debts when there is money. Then filing any tax returns and reporting to the court
• Closing: a final report and a request to hand out the property. Self-Help also describes ways to waive (skip) some steps.

Simpler paths: Self-Help says not every estate needs formal probate. One example is property with named beneficiaries (people named to receive it). Another is title that passes to a co-owner or by a transfer-on-death deed. Others are property in a living trust, and small estate steps when values fall under limits (form DE-300). Those limits change over time. There are also petitions for property passing to a spouse or domestic partner.

Check current dollar limits and which path fits with an estate lawyer and the court.

Make a list before you pick a path

Self-Help says to list what the person owned. Sort real estate from other property, note how each home or account is titled (how the ownership is written), and estimate values. Then use that list to see whether a simple path or formal probate fits.

A lawyer should answer questions about your own case. The court pages are a starting point, not advice on your estate.

Selling a La Jolla home from an estate

A La Jolla or coastal San Diego home may be part of an estate. Then selling it is a real estate task that runs next to the court and lawyer work:

• The right to list and sell usually comes through the personal representative, as your lawyer confirms
• Prop 19 is a California rule about property taxes on inherited homes. For it and other county property tax questions, see inherited home & Prop 19
• For getting the home ready to list, see seller prep

Check the legal path with an estate lawyer. Weston helps with listing and closing once the ownership and legal questions are clear.