Detailed answer — key legal basics and step-by-step process

Quick legal context

California Probate Code and the California courts govern appointment of a personal representative and intestate succession. The probate court decides who will administer the estate, what property passes to whom, and whether any bond is required. For general information and forms, use the California Courts probate pages: courts.ca.gov/selfhelp-probate.htm and the Probate Code index: leginfo.legislature.ca.gov (Probate Code).

Who has priority to be appointed?

The court follows an order of preference for appointment of a personal representative. A surviving spouse or domestic partner commonly has first priority. If you are the surviving spouse, you generally may petition the probate court to be appointed administrator. If other persons with priority exist (children, parents, or creditors), they can object or file competing petitions. The court resolves these disputes after notice and a hearing.

Step-by-step: How to get appointed

1. Gather documents. Obtain certified copies of the death certificate and any documents that identify heirs (marriage certificate, children’s birth certificates, property titles, account statements).
2. Check whether probate is necessary. Some assets pass outside probate (joint accounts, beneficiary-designated accounts, community property with right of survivorship). If the estate is very small, you may be able to use a simplified procedure (see courts page on small estate options on the California Courts website).
3. File a Petition for Probate (Letters of Administration). If probate is needed, file a Petition for Probate asking the court to issue Letters of Administration for the estate. Use the Judicial Council probate forms (for example, the Petition for Probate is available at the California Courts forms page: courts.ca.gov/forms (Probate) and the standard petition form DE-111 at DE-111).
4. Serve and notify interested persons. California law requires that you give notice of the petition to legally interested persons (heirs, registered domestic partner, creditors). The court form packet and local rules explain who must be served and how.
5. Attend the hearing. The court will hold a hearing. If no one objects, the court usually appoints the petitioner if they have priority. If someone objects, the court resolves the issues at the hearing.
6. Receive Letters of Administration. If the court appoints you, it issues Letters of Administration (proof of your authority). You use these letters to collect assets and handle estate business.

What if family members refuse to cooperate?

Noncooperation is common but rarely stops the process. Use these steps:

• Serve notice officially. Even if family members ignore you, serve court-required notices via the methods the court allows (personal service, certified mail, or substituted service with proof). Proper service satisfies notice requirements and protects you from claims that people weren’t informed.
• File the petition anyway. The court does not need the family’s written consent to appoint a personal representative. If you have priority (surviving spouse), file and move forward.
• Respond to objections. If family members file objections, you will have a contested hearing. Be prepared to explain why you should be appointed (priority, fitness, relationship to the decedent).
• Request temporary or emergency letters. If assets need immediate protection (pay mortgage, avoid asset loss), ask the court for temporary letters or emergency relief. The court can grant limited authority before a full hearing.
• Use the court to compel cooperation. If family members withhold estate property or records, the court can order turnover. In some cases, you can seek civil remedies for conversion or theft if someone wrongfully takes estate property.

Other practical pathways

Consider these alternatives if probate will be long or costly:

• Small estate procedures. California has simplified procedures for small estates and certain personal property transfers that avoid formal probate. Review the California Courts’ small estate information to see whether you qualify.
• Joint or beneficiary claims. For some bank accounts and life insurance, a beneficiary designation or joint title can allow you to collect assets without probate.

Bond, fiduciary duties, and ongoing requirements

The court may require an administrator’s bond to protect creditors and heirs. Heirs sometimes waive bond in writing to save cost. As administrator, you must inventory estate property, give creditor notice, pay valid debts, file accounting if required, and distribute assets according to intestate succession rules. For forms and filing requirements, see the Judicial Council probate forms page: courts.ca.gov/forms.htm?filter=probate.

When to hire a probate attorney

Hire a probate attorney if family members contest appointment, if assets are complex (real estate, business interests, tax issues), if someone commits wrongful acts with estate property, or if you need help preparing papers and representing you at hearing. If cost is a concern, many attorneys offer limited-scope representation for discrete tasks like preparing the petition or representing you at the hearing.

Estimated timeline and costs

Simple, uncontested administrations can take several months. Contested matters can last much longer. Costs include filing fees, possible bond premium, publication costs for creditor notice, and attorney fees if you hire counsel. Check your county superior court’s probate division for local filing fees and timelines; find your court at courts.ca.gov/find-my-court.htm.

Helpful hints

• Order multiple certified death certificates early — agencies and institutions will request them.
• Collect proof of marriage and any documentation showing community or separate property (titles, account statements).
• Even if family members refuse to talk, serve the necessary court notices and file the petition. Court process does not require family cooperation to begin.
• Use a process server or certified mail to document service of notices if family members won’t accept or sign for papers.
• Document any attempts to obtain assets or cooperation. Keep records and copies of communications in case the court or an attorney needs evidence of obstruction.
• Ask the court for temporary relief if an asset is at risk (to prevent foreclosure, eviction, or dissipation of funds).
• Explore small estate alternatives before starting full probate if the estate value is low or most assets are non-probate.
• Get local help: contact your county probate court’s self-help center or a probate attorney for county-specific practice tips and local rules.