Probate Knowledge Center

Getting Started

The first steps after a loved one passes and how to tell if probate is required.

• What is probate?Probate is the court-supervised process of settling a deceased person’s estate: validating the will, paying debts, and distributing assets to heirs.
• Does every estate in San Diego County have to go through probate?Not every estate requires probate in San Diego County. Whether you need it depends on how title was held and the value of the assets.
• How do I know if probate is required?Probate is typically required when a decedent owned real estate in their own name above the small-estate threshold with no trust or surviving co-owner.
• How long does probate take in San Diego County?A typical San Diego County probate runs about 9 to 18 months. Full authority under the IAEA can let you sell the home much sooner.
• What is the first step after someone passes away?Secure the home and important documents, locate the will, and order certified death certificates before opening probate.
• How soon should I hire a probate attorney?Hiring a probate attorney early, before filing the petition, usually saves time and prevents costly procedural mistakes.
• Can I start cleaning out the house before probate is opened?Light securing and preserving is fine, but avoid removing or distributing valuables before a personal representative is appointed.
• Can I change the locks on the probate home?Yes, securing the property by changing locks is a reasonable step to protect estate assets, ideally coordinated with other heirs.
• Can I stop paying the mortgage during probate?The mortgage does not disappear at death. Keeping it current protects the estate from default and foreclosure while the home is sold.
• What happens if no one pays the property taxes?Unpaid property taxes accrue penalties and become a lien. Long-term default can lead to a tax sale, so keep taxes current if possible.
• Can utilities stay on in the deceased owner’s name?Utilities can often continue short-term, but it is better to transfer billing to the estate to keep power and water on while selling.
• Who is in charge if there is no will?When there is no will, the court appoints an administrator, usually a close family member, following California’s priority order.
• Do I need the original will to start probate?The original signed will is normally required and must be lodged with the court. A lost original can sometimes be proven with extra steps.