What Happens If You Don’t File a Probate in California?

When a loved one passes away, many questions may emerge about handling their estate, especially if you have never gone through this process before. In California, probate is often necessary to settle an estate, especially when the deceased owned property or significant assets in their name alone. You may wonder, “What happens if you don’t file probate in California?” Ignoring or delaying the probate process can lead to serious legal and financial consequences.

From frozen assets and family disputes to personal liability for the person handling the estate, not filing probate in California can be detrimental. It is essential to go into this time with a clear understanding of what probate is, when it is necessary and required, and what can go wrong if it’s not filed properly and on time.

Common Consequences of Not Filing a Probate in California

Probate is the legal process of settling a person’s estate after they die, and failing to file probate when it’s required can create significant legal, financial, and practical trouble for all parties involved. With only 39% of Americans having a will as of 2021, it is essential to take this process seriously, as handling an estate after a death can be highly complex. Below is a list of the most common consequences:

• Assets remain inaccessible: Without probate in place, financial institutions, title companies, and other asset holders cannot release property held in the deceased’s name. This means that bank accounts may remain frozen, real estate cannot be sold or transferred, and ultimately, beneficiaries are unable to access their inheritance.
• Property cannot be sold or transferred: If there is real estate that was owned solely by the deceased, it cannot be sold, refinanced, or transferred to heirs until probate is finalized. This can lead to missed sales opportunities, foreclosure, and accumulating property taxes or mortgage debt.
• Legal action from heirs or creditors: If you are in charge of the estate as a surviving family member or a named executor, delaying or avoiding probate can lead to personal problems. Heirs may choose to take legal action against you for failing to act, creditors may petition the court to start probate themselves, and you may be personally liable for any losses to the estate because of this issue.
• Loss of legal rights: Some legal rights will expire over time if probate isn’t filed, such as missing deadlines to claim shares as beneficiaries and missing opportunities to resolve tax or debt issues effectively and efficiently.

These consequences are only a few that highlight why timely probate filing is vital to the health of an estate.

Why The Law Offices of Karen J. La Madrid Is the Right Option for You

When looking to hire a probate lawyer for your probate case, you have many options, but none as prepared and effective as a probate attorney from the Law Offices of Karen J. La Madrid. The firm’s founder, Karen J. La Madrid, leads the legal team with over three decades of estate planning, wills and trusts, estate administration, and power of attorney matters in California.

FAQs

Q: What Happens If You Don’t Apply for Probate in California?

A: There are several legal and practical consequences if you don’t apply for probate in California. These consequences can include not being able to legally transfer assets, the possibility of legal action from heirs or creditors, and penalties, including criminal or civil liability for mishandling an estate. Probate is necessary for estates that have a total gross value over $208,850, as of April 1, 2025.

Q: Who Can Be a Personal Representative in Probate?

A: A personal representative, also called an executor or administrator, is an individual who is appointed by the court to manage the estate or is listed in the will. If no individual is listed as the executor in the will, the court follows a specific order of priority, shown in Cal Probate Code § 8461, in choosing the personal representative. The first prioritized individual is a surviving spouse or registered domestic partner, and then children, grandchildren, or other heirs.

Q: Can You Settle an Estate Without Probate in California?

A: Yes, under certain conditions, you can settle an estate without probate in California. Whether or not probate is required generally hinges on the size and structure of an estate and how assets are held. Small estates with a total gross value of $208,850 or less can avoid probate by filing a small estate affidavit, where no court hearing is required. Other options to avoid probate include living trusts, community property, and designated beneficiaries.

Q: Will Banks Release Money Without Probate in California?

A: Under specific circumstances, banks in California can release money without probate. This is often dependent on how much money is in an account and how it was set up originally. Some banks will name a beneficiary, and that individual can claim the money without probate. Joint bank accounts may also not require probate for the surviving co-owner, who will likely gain full control of the account immediately.

Q: How Expensive Is a Probate Attorney?

A: How expensive a probate attorney may be depends on several key factors. These factors include the size of the estate, how complex the case is, how experienced the lawyer is, and fee structures. California allows statutory fees for attorneys that are based on the gross value of the estate, but lawyers may choose to charge an hourly or flat fee, which can influence the overall costs

Hire a Probate Lawyer Today

While probate may seem like just another layer of paperwork, failing to file it when required can lead to very serious consequences. With so much on the line, it is time to take action.

If you have questions about probate, are looking to begin the process, or want the advice of a trusted probate attorney, reach out today. By setting up an initial consultation, you can receive trustworthy and solid legal advice that may be essential in the success of your case. Reach out online, over the phone, or visit our office located at 4505 Allstate Drive, Suite 202, in Riverside, California.