Detailed answer — overview and step-by-step process

1. First things to check: assets that pass outside probate

Not all property goes through probate. Before starting probate, check whether assets transfer automatically to someone else. Common examples:

• Jointly owned accounts or real estate with right of survivorship.
• Bank or brokerage accounts with a payable-on-death (POD) or transfer-on-death (TOD) beneficiary.
• Life insurance policies, IRAs or retirement plans with a named beneficiary.
• Property held in a living trust.

For these assets, a certified copy of the death certificate and the beneficiary’s identification are usually enough to claim the property from the institution that holds it.

2. If the property does not pass outside probate: decide whether probate is needed

California law provides different paths depending on estate size and type of property.

• If most assets are jointly owned or have beneficiaries, probate may not be required.
• If the decedent’s personal property is small in value, you may be able to use the small estate affidavit procedure under California Probate Code §13100. See the statute: Probate Code §13100.
• If the estate has real property or the value exceeds the small-estate threshold, you will likely need to open a probate estate (administration) at the county probate court where the decedent lived.

3. Small estate affidavit (quick, informal collection)

If the value of the decedent’s personal property (not real property) is at or below the amount allowed by the small-estate statute, an heir or creditor can use a sworn affidavit to collect or transfer property without formal probate. The statute and procedures are in Probate Code §13100. Check the statute and local court instructions for the current dollar threshold and required waiting periods.

4. Formal probate — when required

If probate is necessary, an interested person (usually a close family member) files a petition for administration with the probate court in the county where the decedent lived. When there is no will, the court appoints an administrator (often a surviving spouse or child) to collect assets, pay valid debts and distribute the remaining property to heirs according to California’s intestate succession laws (Probate Code Division 6).

Key links and resources:

• General probate self-help: California Courts — Estate and Probate Self-Help
• Probate forms and instructions: California Courts — Probate Forms

5. How heirs and shares are determined

California’s intestacy statutes set who inherits and in what proportions. The detailed rules are in Probate Code Division 6. A few high-level points:

• If the decedent left children but no surviving spouse, the children (and their descendants) inherit the estate, generally in equal shares by representation.
• If the decedent left a surviving spouse and no children or other closer relatives, the spouse often receives the estate.
• When both a spouse and children survive, the statute specifies how community and separate property are divided. The exact share depends on family relationships and whether children are also children of the surviving spouse.

See the general intestate succession provisions: Probate Code §6400 and following.

6. Practical steps to claim your share

1. Obtain multiple certified copies of the death certificate from the county that issued it.
2. Collect documents: bank statements, deeds, account beneficiary designations, insurance policies, titles, and a list of creditors.
3. Identify all potential heirs and beneficiaries and confirm whether assets pass outside probate.
4. If appropriate, use a small estate affidavit (Probate Code §13100) to claim assets without probate.
5. If probate is necessary, file a petition for administration in the decedent’s county of residence. The court will appoint an administrator, require notice to heirs and creditors, and supervise the estate administration.
6. Follow the administration process: inventory and appraisal of assets, payment of valid debts and taxes, and distribution according to the statutes.

7. Timelines, costs, and notices

Probate timelines vary. Simple estates may be resolved in several months; complex estates or contested cases may take a year or more. Probate involves filing fees, possible executor/administrator bond, appraisal costs and attorney or conservator fees if you hire professionals. The administrator must give notice to heirs and known creditors.

8. What to do if you are not receiving your share or heirs disagree

If an administrator is not acting, distributions are delayed, or heirs dispute shares, you can:

• Request an accounting from the administrator through the probate court.
• File a petition in probate court to compel action, remove an administrator, or resolve disputes.
• Consider mediation to resolve conflicts without prolonged litigation.

Where to get help

• Use the California Courts self-help pages: Probate self-help.
• Find local court information: Find my court.
• Look for free or low-cost assistance through legal aid organizations or your county bar association lawyer referral service.

Important statutory references: California Probate Code Division 6 (intestate succession), starting at Prob. Code §6400, and the small estate collection rules at Prob. Code §13100. For forms and local procedures, consult the California Courts website: Self-Help: Estates.

Note: distribution details can be factual and technical (community property, separate property, predeceased children, adoption, non-marital children, and stepchildren can affect shares). For precise calculations, consult the statutes above or speak with a probate attorney or court self-help center.

Helpful hints

• Get multiple certified death certificates early; institutions will require originals or certified copies.
• Check all account titles and beneficiary designations before assuming probate is needed.
• Use the small estate affidavit only after confirming the current statutory threshold and waiting period in Probate Code §13100.
• Keep a clear, dated list of communications with the administrator, banks and agencies (who you called, what they said, and contact names).
• Ask the county probate court clerk for procedural guidance and local forms — clerks can’t give legal advice but can explain filing procedures and fees.
• If the estate seems simple, compare the cost of a short consultation with a probate attorney against the time and risk of handling it yourself.
• If you fear being disinherited improperly or suspect fraud, act quickly: file objections in probate court and consider consulting an attorney right away.