Probate Steps

San Diego probate is the court procedure that changes the legal ownership of the decedent’s property. The purpose of probate is to make sure that, in the presence of a will, the decedent’s wishes are carried out, including appointment of the decedent’s Executor.  In the case that the decedent passed away intestate (without a will), the San Diego probate court would typically appoint a family member to act as Administrator.

Generally speaking, the probate steps are as follows:

1. Death of the decedent
2. The will is submitted to the Executor or San Diego Probate Court Clerk
3. The petition is filed for the Probate of the Will and Letters of Administration
4. A hearing is held on the petition
5. The Letters of Administration are issued by the San Diego Probate Court
6. The creditors are notified
7. An independent probate appraiser (sometimes referred to as the San Diego Probate Referee) completes the appraisal of the real and personal property of the decedent
8. The real and personal property is distributed by means of sale, donation or directly to the decedent’s beneficiaries
9. Tax returns are completed
10. A final accounting is completed
11. A final decree of distribution is issued
12. Lastly, the personal representative (the Executor or Administrator) is discharged