The Probate Court has jurisdiction over all matters concerning the death of a California resident, over Guardianship and Conservatorship proceedings. The law, which is followed in these various proceedings, is provided in the California Probate Code.
A Probate proceeding is a Court Proceeding before the Superior Court of the State of California. The intent of the proceeding is to identify property of a deceased person, to identify and notice creditors, determine beneficiaries, settle claims, pay bills, and distribute the remainder to beneficiaries, if known.
The proceeding is a time consuming and exceedingly expensive process often taken in excess of 18 months, and should be avoided whenever family can. A Complete Estate Plan will avoid probate.
Probate, Guardianship and Conservatorship proceedings should be handled by an attorney who specializes in these areas. In a majority of the proceedings before the Probate Court the fees and time delays are significant losses to the surviving family members.