Probate is a Superior Court proceeding that takes place upon the death of an individual.
In a probate, the Court directs the payment of a deceased person's liabilities and distributes the remaining assets to beneficiaries of the will. If there is no will, the assets are distributed to the person's heirs as determined under the laws of the State of California.

The Laws of the State of California set probate fees. These fees and costs depend on the gross size of the probate estate (assets including liabilities). They normally average between 5-10% of the gross value of the probate estate.

While usually uncontested, all probate proceedings are still cumbersome and lengthy. The average uncontested probate takes one to two years. Contested probates last much longer.