The California probate process usually runs nine months to a year and a half, sometimes longer, and it exists to move a deceased person’s assets through a court-supervised sequence: appoint a personal representative, inventory what the person owned, pay creditors and taxes, then distribute what remains to heirs or beneficiaries. Estates worth $208,850 or less in personal property can skip formal probate using a simplified affidavit. Everything else runs through the superior court in the county where the person lived, under the rules of the California Probate Code.
When Probate Is Required
Probate is triggered when someone dies owning assets in their sole name with no built-in transfer mechanism. A house titled only to the deceased, a checking account with no payable-on-death beneficiary, a brokerage account without a transfer-on-death designation: each one needs a court order to change hands.
Plenty of assets bypass probate entirely. Joint tenancy property passes automatically to the surviving co-owner. Community property with right of survivorship goes to the surviving spouse without court involvement. Assets held in a revocable living trust pass under the trust’s terms, handled by the successor trustee. Life insurance, retirement accounts, and any account with a payable-on-death or transfer-on-death beneficiary go directly to the named person.
If every asset falls into one of those categories, no probate case is needed. The problem is that one overlooked account or an unfunded trust can pull an otherwise well-planned estate into court.
Small Estate Shortcuts
For deaths on or after April 1, 2025, California sets two thresholds: $208,850 for personal property and $69,625 for real property.1California Courts. Check if You Can Use a Simple Process to Transfer Property
When the gross value of the California estate (not counting non-probate assets like joint tenancy and trust property) stays under $208,850, heirs can use a small estate affidavit to collect personal property. The affidavit becomes usable 40 days after death, with no probate petition required. Real property worth $69,625 or less transfers through a separate affidavit of succession recorded with the county.2Judicial Council of California. Maximum Values for Small Estate Set-Aside and Disposition of Estate Without Administration
A surviving spouse has a separate route regardless of estate size. If everything from the deceased spouse passes to the survivor, whether by will or intestacy, the surviving spouse can file a spousal property petition and confirm ownership without full administration.3California Legislative Information. California Probate Code 13500 It covers community property and the deceased spouse’s separate property alike, so long as all of it goes to the survivor.
Filing the Petition
Probate opens in the superior court of the county where the person lived at death, no matter where they actually died.4Justia. California Probate Code 7050-7052 – Jurisdiction and Venue Property scattered across multiple counties still goes through the county of residence.
Any interested party can file: the person named executor in the will, an heir, or a creditor. The petition identifies the deceased, lists heirs and beneficiaries, describes the estate in general terms, and lodges the original will if one exists. The filing fee for a first petition for letters testamentary or letters of administration is $435 as of 2026.5Judicial Council of California. Statewide Civil Fee Schedule
Notice of the first hearing has to be published in a local newspaper and mailed to every known heir and beneficiary. If nobody objects, the court usually appoints the personal representative at that first hearing.
Who Gets Appointed
The personal representative runs the estate: gathering assets, paying bills, filing tax returns, and distributing what’s left. If the will names an executor, that person has priority. Without a will, or when the named executor can’t serve, the court follows a statutory list that starts with the surviving spouse or domestic partner and works down through children, grandchildren, parents, siblings, and more distant relatives, ending with creditors and “any other person.”6California Legislative Information. California Probate Code 8461
Before taking office, the representative typically posts a bond, which acts as insurance against mismanagement. The bond can be waived if the will says so and the court agrees, or if every beneficiary waives it in writing.7Judicial Council of California. Waiver of Bond by Heir or Beneficiary When required, the premium is paid from estate funds.
Once appointed, the representative receives “Letters Testamentary” (with a will) or “Letters of Administration” (without). Banks, title companies, and brokerages accept these letters as proof of authority.
Independent Administration Authority
Whether the representative gets authority under the Independent Administration of Estates Act (IAEA) shapes how the whole case runs. With IAEA authority, the representative handles most estate business (selling personal property, paying debts, investing funds) without a court hearing for each transaction.8California Legislative Information. California Probate Code 10500
Full authority covers everything, including real estate sales. Limited authority excludes sales, exchanges, and borrowing against real property. A will can prohibit IAEA authority outright, and when it does, the representative needs court approval for nearly every significant step, which drags out the timeline and multiplies fees.
Even under IAEA, the representative has to give heirs and beneficiaries advance notice before major actions. If someone objects, the representative goes to court on that specific issue.
Inventory and Appraisal
Within four months of appointment, the representative files an inventory and appraisal listing every estate asset at its date-of-death value. Cash and bank accounts the representative can value personally. Real estate, business interests, securities, and collectibles have to be appraised by a court-appointed probate referee.
The referee’s fee is set by statute at one-tenth of one percent (0.1%) of the value appraised.9Justia. California Probate Code 8960-8964 – Commission and Expenses of Probate Referee On a $1 million estate that’s $1,000, paid from estate funds.
Notifying and Paying Creditors
Creditor notice runs two channels. A general notice of administration goes into a newspaper, and the representative mails written notice directly to every known or reasonably identifiable creditor. That mailing has to go out within four months of appointment, or within 30 days of learning about a specific creditor, whichever comes later.10California Legislative Information. California Probate Code 9050-9052
Creditors must file claims by the later of four months after letters were first issued or 60 days after they received notice.11Justia. California Probate Code 9100-9104 – Time for Filing Claims Miss the deadline and the claim is usually dead. The representative approves or rejects each filed claim; a rejected creditor can petition the court.
When there isn’t enough money to pay everyone, California sets a priority order. Administrative expenses (court costs, attorney fees) come first, then funeral and burial costs, then taxes. Secured creditors look to their collateral. Unsecured creditors, including credit cards and medical providers, share what’s left proportionally. Beneficiaries get nothing until every valid claim ahead of them is paid.
What Probate Costs in California
The statutory fees are the part that surprises families. Both the personal representative and the attorney get paid on the same schedule, calculated on the gross value of the estate. Gross means the appraised value before subtracting mortgages or other debts, so a house worth $1 million with a $700,000 mortgage still generates fees on the full million. The scale gets applied twice, once for the attorney and once for the representative:12Justia. California Probate Code 10810-10814 – Compensation of Attorney for Personal Representative
- 4% on the first $100,000
- 3% on the next $100,000
- 2% on the next $800,000
- 1% on the next $9,000,000
- 0.5% on the next $15,000,000
- A reasonable amount set by the court on anything above $25,000,000
Run the math on a $1 million estate: $23,000 for the attorney, $23,000 for the representative, $46,000 combined. A $2 million estate produces $66,000 in combined statutory fees. Either party can also ask the court for “extraordinary” fees on top for work outside routine administration, like litigation or complicated tax matters.
Add the $435 filing fee, the probate referee’s commission, bond premiums when required, newspaper publication costs, and recording fees for real property transfers. Every one of these comes out of estate assets.
Who Inherits: Will Versus No Will
With a valid will, assets pass to the beneficiaries the will names. Specific bequests (a named item to a named person) go out first, then the residuary estate covers the rest. The will can also set up trusts for minors or attach conditions to a gift.
Without a will, California’s intestate succession rules take over. Community property and quasi-community property go entirely to the surviving spouse. The surviving spouse’s share of the deceased spouse’s separate property depends on who else is alive:
- One child, or descendants of one child: spouse takes half of the separate property.
- Two or more children, or their descendants: spouse takes one-third.
- No children but surviving parents or siblings: spouse takes half.
- No children, parents, or siblings: spouse takes everything.
Whatever doesn’t go to the surviving spouse goes to the deceased person’s children in equal shares. If there are no children, the sequence runs to parents, then siblings, then grandparents and their descendants.13California Legislative Information. California Probate Code PROB 6402
Preliminary and Final Distributions
Because probate can stretch past a year, beneficiaries sometimes need funds before it closes. The representative can petition for a preliminary distribution, showing the court that enough will remain to cover debts, taxes, and expenses. Beneficiaries and creditors get notice and a chance to object.
Final distribution follows a full accounting of every estate transaction. Beneficiaries can review the accounting and object to anything that looks off. Once the court approves the accounting and the distribution plan, the representative records new deeds, retitles investment accounts, and delivers personal property.
Will Contests and Fiduciary Duty
A will admitted to probate can be contested within 120 days of admission. The usual grounds are lack of capacity when the will was signed, undue influence, fraud, or improper execution. Courts start from a presumption that a properly executed will reflects the person’s intent, which makes contests hard to win.
The representative is a fiduciary and owes the estate loyalty, care, and impartiality. Self-dealing (buying estate assets at a discount, borrowing estate funds, commingling accounts) is the quickest path to removal and personal liability. Courts can reverse the transaction, remove the representative, and enter a surcharge order making them personally reimburse the estate. Serious cases can produce criminal charges. Beneficiaries who suspect mismanagement can file a petition that forces the representative to account for their actions.
Taxes During Administration
The representative pulls a federal employer identification number (EIN) for the estate, free through the IRS.14Internal Revenue Service. Information for Executors The estate needs its own number because income earned after death (rent, interest, dividends) is taxable to the estate and reported on Form 1041.
The deceased person’s final individual return covers January 1 through the date of death and is due by the following April 15. The representative is personally on the hook for filing it.
Federal estate tax kicks in only above the exemption, which is $15 million per person for 2026, with a top rate of 40% on amounts above that. California imposes no state estate tax or inheritance tax. Even estates under the federal threshold may want to file an estate tax return to elect portability, which preserves the deceased spouse’s unused exemption for the survivor.
Closing the Estate
After debts are paid, taxes are filed, and distributions are ready, the representative files a final petition asking the court to approve the accounting, confirm the distributions, and discharge the representative. If something is still unresolved, such as a tax audit or pending litigation, the court can approve partial distributions while holding back a reserve.
Once the discharge order issues, the representative’s authority ends and the estate stops existing as a legal entity. A beneficiary who never got notice of the final accounting, or who later discovers omitted assets, still has some remedies, but the window closes fast after discharge.