California Probate Guide
Probate in California
Probate is required for most estates in California when the total estate exceeds $208,850. The process typically takes 12-24 months from filing to final distribution.
Probate Threshold
$208,850
Estate value triggering probate
Average Timeline
12-24 months
Filing to final distribution
Attorney Fees Start At
$8,000+
Minimum for a simple estate
What Is Probate in California?
Probate is the court-supervised legal process for settling a deceased person's estate — validating the will (if one exists), inventorying assets, paying outstanding debts and taxes, and legally transferring property to heirs and beneficiaries. In California, the probate court has jurisdiction over this process whenever assets are titled solely in the name of the deceased without a designated beneficiary or joint owner.
California uses a statutory attorney fee schedule — fees are calculated as a percentage of the gross estate value, set by Probate Code §10810. Both the attorney and the executor (personal representative) are each entitled to these statutory fees, making California one of the more expensive states for probate costs as a percentage of estate value.
The California Probate Process
Open the estate with the court
The executor named in the will — or a court-appointed administrator if there is no will — files a petition to open probate. The court admits the will to probate (if valid) and issues Letters Testamentary or Letters of Administration, granting legal authority to act on behalf of the estate.
Inventory and appraise all assets
The executor identifies and values every asset owned by the deceased: bank accounts, real estate, investments, retirement accounts, vehicles, business interests, and personal property. In California, the inventory is typically due within 4 months of the executor's appointment.
Notify creditors and pay debts
Notice to creditors is published in a local newspaper, and known creditors are notified directly. In California, creditors have 4 months from letters testamentary, or 60 days from notice to creditor, whichever is later to file claims. Valid debts — including mortgages, credit cards, medical bills, and funeral expenses — are paid from estate assets before any distribution to heirs.
File and pay taxes
The estate may owe a final income tax return, an estate income tax return, and potentially estate or inheritance taxes. California does not impose a state estate tax or inheritance tax, which simplifies this step.
Distribute assets and close the estate
After all debts and taxes are paid, the executor distributes remaining assets to the beneficiaries named in the will — or, if there is no will, according to California intestate succession law. A final accounting is filed with the court and the estate is formally closed.
The full process takes 12-24 months in California for a straightforward estate. Contested wills, creditor disputes, or complex assets can extend this significantly.
Attorney Fees for California Probate
California Attorney Fee Structure
Statutory percentage: 4% of first $100K, 3% of next $100K, 2% of next $800K, 1% of next $9M, 0.5% of next $15M (same schedule for executor); court determines the fee above $25M
For most California estates, attorney fees start at $8,000 and increase substantially for estates that include real estate, business interests, multiple heirs, or contested issues. Court filing fees and appraiser costs are separate from attorney fees.
Executor Bond Requirement
Required unless waived in will; court may still require it even if waived
Who Inherits Without a Will in California?
Community property: all to spouse (decedent's 1/2 share by inheritance plus spouse's own 1/2 already owned). Separate property: all to spouse if no descendants, parents, or siblings survive; if no descendants but a parent or sibling survives, spouse gets half; with one child, spouse and child split equally; with 2+ children, spouse gets 1/3 and children share 2/3
If the deceased did not leave a valid will, California's intestate succession laws determine who inherits — which may not reflect the deceased's actual wishes. A valid will overrides these default rules entirely.
California Estate & Inheritance Tax
No state estate tax; no inheritance tax; high state income tax (up to 13.3%) applies to estate income
Small Estate Options in California
Affidavit procedure for estates under $208,850 (adjusted periodically for CPI; rises to $239,700 on April 1, 2026), 40+ days after death; excludes real property titled solely in decedent's name
Small estate procedures can dramatically reduce costs and processing time — but only for qualifying estates. Consult a probate attorney to determine if the estate qualifies.
More California Probate Resources
Probate Cost in California
Attorney fees, court costs, and total estimated range
Do I Need Probate in California?
Threshold, small estate options, and decision factors
Executor Duties in California
Eligibility, deadlines, compensation, and common mistakes
Small Estate Options in California
Qualification, process, and full probate comparison
Related Reading
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