Probate is a legal process by which the heirs or beneficiaries of the person who passed away (known as “the decedent”) can inherit property. Whether the decedent left a will or no will, probate is overseen by the court. Usually, a person who is either named as an executor in the will or, if there was no will, an heir can petition the court to become appointed as personal representative.
The personal representative then goes through the process of attending to the decedent’s debts, collecting assets that belonged to the decedent (which can consist of real property like a house, personal property like a vehicle, and accounts such as checking, savings, brokerage accounts) and preparing to distribute the assets per the terms of the will or under California inheritance law. This process also requires preparing and filing specific papers with the court, which is why it is usually advisable for someone who is looking to begin the probate process to hire an attorney to guide them through it.