Detailed Answer — How to prove a zero balance and formally close your spouse’s estate in California

Short answer: Confirm whether probate administration is required. If the estate was opened, prepare a final accounting (or an affidavit showing there are no assets and no unpaid debts), give required notices to creditors and interested persons, file a petition for final distribution and discharge of the personal representative (or executor), and obtain a court order closing the estate. If administration was never required because the estate qualifies as a small estate, you can often use a statutory small‑estate procedure instead. This article explains the typical steps and key California law references to help you plan the process.

Step 1 — Confirm whether probate administration is needed

Not every death requires formal probate. California law allows a simplified small‑estate procedure when the decedent’s probate assets are below a statutory dollar threshold (see Probate Code §13100 and following sections). If all probate assets can pass outside probate (through a trust, joint ownership, beneficiary designation, payable‑on‑death instruments) or by small‑estate affidavit, you may not need to go to court at all.

Reference: California Probate Code §13100 (small estate disposition): leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=13100&lawCode=PROB. For general probate self‑help information see the California Courts probate page: courts.ca.gov/selfhelp-probate.htm.

Step 2 — If the estate was opened, gather the key documents

You will generally need:

Death certificate
Will (if any) and Letters Testamentary or Letters of Administration (court papers appointing you or another personal representative)
Inventory and appraisal (if probate assets were listed) or an affidavit showing there are no remaining probate assets
All records showing receipts and payments made by the personal representative
Proof of notice to creditors and copies of any claims filed
Receipts and releases from heirs or beneficiaries if property has already been distributed

Step 3 — Notify creditors and wait the creditor claim period (if probate was opened)

The personal representative must follow California rules for notice to creditors. In most probates the court requires publication of a Notice to Creditors and mailing notice to known creditors. Creditors get the statutory claim period to present claims. You normally cannot distribute estate assets and close without observing the creditor notice rules and the claim period.

Practical point: a “zero balance” estate commonly arises when the personal representative collected only limited assets and used them to pay expenses and valid claims, leaving no remaining probate property. Even if the estate has zero assets now, you generally must show that the creditor notice requirements were satisfied and that no outstanding claims remain (or that any claim windows have expired).

Step 4 — Prepare and file the final filing with the probate court

If the estate was administered formally, you typically file a petition for final distribution or a petition for settlement and final distribution (the exact form and caption depend on the local court). For an estate with no remaining assets, the filing often includes:

A final account or a statement that shows all receipts, disbursements and distributions, ending in a zero balance
A proposed order for final distribution and discharge of the personal representative
An affidavit or declaration showing that creditors were notified and the claim period has passed, or that there are no creditors
Any required releases or receipts from beneficiaries

Local courts use their own probate forms and procedures; check the California Courts forms page: courts.ca.gov/forms.htm and your county superior court probate rules.

Step 5 — Court review and order of discharge

The court will review the filings. If the papers are in order, the judge can sign an order settling the account, approving the final distribution (including a zero distribution), and discharging the personal representative from further duties and liability. The order will usually terminate the probate case.

When you can use the small‑estate summary procedure instead

If the decedent’s probate estate qualifies under the small‑estate statutory threshold, you may avoid formal probate entirely by using the small‑estate affidavit or transfer‑on‑death procedures. That process lets a successor collect certain personal property without Letters of Administration. See California Probate Code §13100 and following sections for the rules and limits.

Reference: Probate Code §13100: leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=13100&lawCode=PROB. For how to use forms and procedures, check local court self‑help resources: courts.ca.gov/selfhelp-probate.htm.

Other legal and tax matters to clear before closing

Final federal and California income tax returns for the decedent (and possibly returns for the estate if there was income after death).
Confirm whether an estate tax return is required at the federal level (IRS rules) — most small estates do not trigger federal estate tax, but confirm with the IRS guidance: irs.gov/estate-and-gift-taxes.
California state tax issues: check the California Franchise Tax Board for any required filings: ftb.ca.gov.

Example scenario (typical fact pattern)

Hypothetical facts: You are the court‑appointed personal representative for your spouse. There was a bank account with $3,000, which you used to pay funeral bills and small debts. After payments, the estate has no remaining probate assets and there are no creditor claims. You published the Notice to Creditors and the statutory claim period has expired. You file a final account showing all receipts and disbursements and a petition asking the court to settle the account, approve final distribution (none is necessary), and discharge you. The court signs the order and closes the case.

When to get attorney help

Consider hiring an attorney if any of the following apply: the estate has contested creditor claims, disputed beneficiary or heirship issues, tax complications, real property that must be transferred, or the estate involves business interests or complex investments. An attorney can draft the petition, prepare any necessary releases, and represent you at the hearing.

Helpful statutory resources: California Probate Code (general entry point): leginfo.legislature.ca.gov/faces/codes.xhtml?lawCode=PROB. Small‑estate disposition: Probate Code §13100.

Helpful Hints

Start by checking whether probate is needed — many estates can be closed or avoided with transfer‑on‑death designations or small‑estate affidavits.
Keep meticulous records of every receipt and payment the estate handles; the court relies on clear accounting.
Publish and mail creditor notices exactly as required. Missing the creditor notice steps can delay closing or expose you to personal liability.
If you expect no creditors, still document your effort to identify and notify known creditors in your filing.
Collect signed releases from beneficiaries if you distributed any property informally — the court likes written receipts and releases.
Confirm local court filing requirements (forms, fees, hearing schedules) on your county superior court’s probate page; procedures vary by county.
Even if you believe the estate balance is zero, check for tax filings and possible delayed claims before asking for discharge.
If you are unsure about language or procedures in the petition and proposed order, consult a probate attorney — a short consult can prevent mistakes that cost more later.

Disclaimer: This article explains general California probate concepts and common steps for proving a zero balance and closing a spouse’s estate. It is educational only and not legal advice. For advice about your specific situation, consult a licensed California probate attorney.