When a person passes away, their estate may have to go through a court process known as probate, which is meant to ensure that their debts and taxes are paid that their assets are transferred to their beneficiaries or heirs according to their will or to state intestacy law. However, not all estates require the same level of court supervision.

There are distinct processes for probate in California, and the choice of which to use depends on the size, value and complexity of the estate in question. Here is a summary:

• Formal probate — This is required for larger estates or when there is potential for disputes among beneficiaries, challenges to the will or complex assets to manage. The process is closely supervised by the court and involves several key steps. It begins with lodging the will with the Superior Court and filing a petition to open probate. The court then validates the will and appoints a personal representative (an executor named in the will or an administrator if there is no will). This representative is charged with inventorying all estate assets, notifying creditors, paying legitimate debts and taxes and distributing remaining property to heirs or beneficiaries.

• Summary probate — This streamlined process is available for estates with a total value below a threshold set by law, which is currently $166,250. Summary probate allows beneficiaries to avoid court proceedings. Instead, assets can be transferred using a sworn statement or affidavit. This procedure is significantly less expensive and time-consuming than formal probate, enabling heirs to receive their inheritance in a matter of weeks rather than months or years.

• Special administration — This is a temporary, emergency probate process used when immediate action is required to protect estate assets before a personal representative can be named. A temporary administrator may be appointed by the court for specific, urgent tasks, such as managing a business, collecting rents or preventing the waste of valuable property.

• Spousal property petition — This simplified procedure allows a surviving spouse or registered domestic partner to take title to property that they jointly owned with the deceased or that was left directly to them. It is a quick and efficient way to confirm the surviving spouse’s ownership of assets. It can be used in connection with other types of probate.

• Ancillary probate — When a deceased California resident owned real estate or other tangible property in another state, an ancillary probate proceeding may be required. This is a separate probate case conducted in the state where the property is located to legally transfer its title, and it occurs in addition to the primary probate in California.

Deciding which probate process is appropriate for your loved one's estate can be complicated. An experienced California probate attorney can explain the type of probate best suited for your situation and ensure that all legal requirements are satisfied efficiently and correctly.

At Favaro, Lavezzo, Gill, Caretti & Heppell, PC in Vallejo, California, our lawyers are qualified to handle any matter that involves the California Probate Code. We serve clients throughout Contra Costa, Napa and Solano Counties. Call our law firm today at 707-674-6057 or contact us online.