Filing for Probate in California: Common Probate Errors That Can Delay Your Case—and How to Avoid Them

Probate can be confusing. Common probate errors can add months—or even years—to the process. This article highlights common probate mistakes and lesser-known pitfalls. Even well-meaning executors and personal representatives can make these mistakes.

Common Probate Errors That Have BIG Consequences

Here are some of the most frequent—and costly—errors people make when handling probate in California.

Mistake 1: Incomplete or Incorrect Forms

Most people think the Petition for Probate is just paperwork. But:

• Every detail must match supporting documents exactly (names, addresses, asset descriptions).
• In addition to statewide forms, many counties require extra forms or documents. These may not appear on the standard probate forms or the state court website. However, the court still expects filers to follow local rules. One common probate mistake is submitting a petition without the required attachments.
• The clerk may give you a simple 4-page petition form. However, a complete probate filing often includes several additional documents and declarations. Many filings total 12 to 20 pages once the DE-111 form and supporting paperwork are included.

Mistake 2: Failing to Notify All Interested Parties

Beyond heirs and beneficiaries, California requires notice to:

• The Franchise Tax Board
• Any known creditors
• State agencies like Medi-Cal if relevant

Pro tip: Not sending notice to ALL required parties can result in the judge rejecting your petition—even months after it was filed.

Mistake 3: Not Setting Up Estate Bank Account

One of the earliest steps after appointment is opening a separate estate bank account. However, this step is often overlooked. A common probate mistake occurs when the personal representative uses the decedent’s old accounts. Depositing estate funds into a personal account can also create legal and tax problems.

Insider tip: If estate funds exceed FDIC insurance limits ($250,000 per depositor, per institution), consider using multiple insured accounts. This can reduce exposure to bank failure risk. When possible, estate accounts should also earn interest. That allows estate funds to generate some return during probate. Courts and heirs may hold the representative responsible for poorly managed or unsecured funds.

Mistake 4: Underestimating Asset Values, Missing Assets, or Incorrect Inventory

A common probate error made by many personal representatives often pertains to the Inventory and is due to:

• Missed bank accounts or stock dividends.
• Forget to value sentimental but potentially valuable property (artwork, jewelry, collectibles).
• Complete the Inventory incorrectly by listing assets under the wrong attachment schedule. Another error is failing to separate combined assets, such as 401K accounts containing both cash and investments. These common probate mistakes can substantially delay the probate process.

Insider tip: Online tools like the National Association of Unclaimed Property Administrators (NAUPA) can help locate missing accounts.

Mistake 5: Missing Court Deadlines

Failing to file the Inventory & Appraisal or Accounting on time can lead to fines—or removal as executor. In addition, the court often sets follow-up status hearings that require a status report. It may impose other deadlines when the personal representative is appointed. Therefore, the personal representative must track each date and court requirement.

Little known Tip: Some counties impose penalty fees per day for late filings.

Mistake 6: Failure to Complete the Probate Process

A common misconception is that probate is essentially “done” once the court appoints a personal representative. In reality, appointment is just the beginning. The representative must inventory and appraise assets. They must also pay valid debts and taxes, file required accountings, and distribute assets properly. Finally, they must file a petition to close the estate.

Failing to formally close probate can leave unresolved debts, tax issues, or disputes among heirs. It can also expose the personal representative to additional problems. Years later, an unfinished case may resurface and require costly corrective work. Appointment alone does not end the representative’s duties. Only a final order of discharge by the court does.

Mistake 7: Distributing Assets Too Early

Even when heirs apply pressure, distributing assets before court approval can create personal liability. For example, claims may arise after an early distribution. The personal representative should not distribute estate assets without proper authority. Otherwise, this common probate error can create delays and additional costs.

Avoiding common probate errors helps keep your case on track. When in doubt, professional guidance can cost less than fixing major errors later. Probate & More brings 50+ years of experience helping people complete the California probate process. We help families avoid costly probate errors that can delay a case. Contact us today using one of the convenient links below.