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General Probate Questions
A Commitment to Clarity & Support
Throughout Your Probate Process
Managing an estate executor’s responsibilities while grieving the loss of a family member or friend can feel exhausting and overwhelming.
As a certified probate real estate specialist, I clearly explain your options so you can make informed decisions with confidence throughout the probate settlement process.
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We sell and list homes for sellers and buyers in San Diego & Orange County, California.
Must File Form
Death of Real Property Owner
The BOE-502-D is the California Change in Ownership Statement filed when a real property owner dies, required within 150 days of death to notify the county assessor and determine property tax reassessment.
Filing Deadline
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The BOE-502-D must be filed within 150 days of the decedent’s date of death. If the property is subject to probate, the form should be filed prior to or at the time the inventory and appraisal are filed with the court clerk. Missing the deadline can result in penalties ranging from $100 to $5,000, plus potential reassessment of the property
Purpose of the Form
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The BOE-502-D (Change in Ownership Statement – Death of Real Property Owner) is used to inform the county assessor that a property owner has died. Filing this form allows the assessor to determine whether the property should be reassessed under California Revenue & Taxation Code §480(b) and whether any exclusions (spousal, parent-child, grandparent-grandchild, or co-tenancy) apply.
Who Must File
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The form must be filed by the person who takes title to the property due to the owner’s death, which may include:
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Surviving spouse or registered domestic partner.
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Successor trustee of a revocable living trust.
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Executor or administrator of the estate.
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Beneficiary under a will or heir under intestate succession.
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Surviving joint tenant or beneficiary of a revocable transfer on death deed.
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Required Documents
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Before completing the form, gather the following:
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Certified death certificate.
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Copy of the grant deed or trust deed showing legal description and Assessor’s Parcel Number (APN).
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Copy of the decedent’s most recent property tax bill.
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Probate documents, wills, or trust documents, if applicable.
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Claim forms for parent-child or grandparent-grandchild exclusions if eligible.
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Filing Process
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Submit the form directly to the county assessor where the property is located; it is not filed with the recorder, courts, or tax board.
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If multiple parcels are involved, file a separate statement for each parcel.
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The form identifies the decedent, the property owned, and the new owner(s), and it starts the clock for any reassessment exclusions
Key Considerations
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Property held in a trust is considered to have changed ownership as of the decedent’s date of death, even if distribution to beneficiaries occurs later.
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Filing the BOE-502-D does not delay reassessment, but failing to file may prevent claiming exclusions later.
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Consult an attorney if unsure which documents or affidavits are required, especially for complex estates or trust arrangements.
Filing the BOE-502-D correctly ensures compliance with California property tax law, avoids penalties, and preserves eligibility for reassessment exclusions.
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Filing a Probate Petition:
Filing a probate petition to confirm the sale in California involves a legal process where the personal representative of an estate (such as an executor or administrator) seeks court approval to sell real property (like a house) that is part of the deceased person’s estate. This process ensures that the sale is conducted fairly and in the best interest of the estate and its beneficiaries.
Here’s a brief overview of the steps involved:
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Report of Sale: The personal representative must first report the sale to the court using a specific form (DE-260) 1.
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Petition for Confirmation: Along with the report, they file a petition asking the court to confirm the sale 1.
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Court Hearing: A hearing is scheduled where the court examines the details of the sale, including the necessity and benefit to the estate 2.
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Court Approval: If the court finds the sale to be in the best interest of the estate, it will issue an order confirming the sale 2.
This process helps protect the interests of all parties involved and ensures transparency in the sale of estate property.
If Attorney Petition to confirm the sale after an object to the sale of the property. Escrow will need the following:
Order Confirming Sale, Court certified copy to closing with the Deed to the purchaser.
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Probate Timeline: At a Glance
The Probate Timeline is based on a national average, and timelines may vary depending on your state and local court process. I would be happy to clarify expected time frames when we speak. My goal is to help you understand the property’s value, protect the estate’s equity, and make informed decisions without unnecessary pressure. If you would like a professional market evaluation, please text, call or leave me a voicemail.
The probate timeline takes a while to complete because it’s designed to prevent the executor from making hasty decisions rooted in grief. It also allows plenty of time for notifying all beneficiaries and creditors, as well as completing all final financial transactions before the estate is dissolved.
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Probate Process
How do you start the probate process?
To start probate in California, you must file a Petition for Probate (Form DE-111) with the Superior Court in the county where the decedent lived, submit the original will if one exists, and request the court to appoint a personal representative.
Step 1: Determine if Probate is Required
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Probate is generally required if the deceased person owned assets solely in their name exceeding $208,850 (as of 2025) or if the estate includes real property that cannot transfer automatically through joint ownership, living trusts, or beneficiary designations. Smaller estates may qualify for simplified procedures like a small estate affidavit or a spousal property petition.
Step 2: File the Petition for Probate
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Complete Form DE-111 (Petition for Probate).
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Attach the original will if one exists (this is called lodging the will).
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File the petition in the Superior Court of the county where the decedent resided, or where they owned property if they lived out of state.
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Pay the filing fee (typically $435) or request a fee waiver if you have financial hardship.
Step 3: Notify Heirs and Beneficiaries
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The court will schedule a hearing to appoint a personal representative (executor or administrator).
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You must provide notice of the hearing to all heirs, beneficiaries, and interested parties.
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Publish a Notice of Hearing in a local newspaper once a week for three consecutive weeks to inform unknown heirs and creditors.
Step 4: Appointment of Personal Representative
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At the hearing, the judge will appoint a personal representative to manage the estate. This person is responsible for collecting assets, paying debts, and distributing property to heirs or beneficiaries California State Portal+1. If the decedent died without a will, the court appoints an administrator based on statutory priority (spouse, adult children, parents, siblings, etc.).
Step 5: Begin Estate Administration
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Once appointed, the personal representative can:
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Collect and inventory estate assets
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Notify creditors and pay valid claims
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Manage estate property and finances
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Distribute remaining assets to heirs or beneficiaries under court supervision.
Additional Considerations
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California allows the Independent Administration of Estates Act (IAEA), which can reduce court involvement if the will authorizes it.
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Legal or professional assistance may be required for complex estates, contested wills, or creditor disputes.
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Probate typically takes 9 to 18 months, depending on estate complexity and court schedules.
By following these steps and filing the required forms promptly, you can properly initiate probate in California and ensure the estate is administered according to state law.
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Probate Referrer
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The probate referee is appointed by the judge in every probate case.
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They appraise the house using comparable value and drive-by. (They do not go inside the house)
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If there is considerable damage the realtor will take photos and get a contractor out to estimate the cost of repairs. They will give these photos to the probate attorney, who will then report them to the probate referee so the can properly reflect it in the appraisal.
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There is a correlation between the inventory and appraisal and your selling price.
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Executor Responsibilities
The executor chart below outlines your options in one place, helping you understand the next steps and prepare for informed decisions. You can use the chart as a quick reference to track what you have completed and identify what may still need attention.
