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In California, probate is common for wills, but not all wills are required to go through probate. Some people prefer to avoid probate because it can be an extensive and costly process. There are certain situations where probate is avoidable. You have a living trust.
Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)
Notice of Petition to Administer Estate (DE-121) Also explains what a person receiving the notice should do if they do not agree with the petition. Get form DE-121.
Under Family Code 125, quasi-community property means all real or personal property wherever situated, acquiredby either spouse while domiciled elsewhere which would have been community property if the spouse who acquired the property had been domiciled in this state at the time of its acquisition.
Notice of HearingDecedents Estate or Trust (DE-120) If you file a paper in court relating to an estate or a trust, tell all interested persons about the date, time, and place of a hearing relating to that paper. Get form DE-120.
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125. An unqualified statement of that which one does not know to be true is equivalent to a statement of that which one knows to be false.
If the estate doesnt have sufficient assets to cover probate fees and debts, Californias probate court follows a priority order to pay debts. Secured debts (like mortgages) are typically paid first, followed by fees and administrative expenses, including executor and attorney fees.

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