California Probate Guide
If you've just lost someone and are facing the California probate process — this guide walks you through what it costs, how long it takes, the exact filings California requires, and whether you can avoid formal probate entirely.
Typical Timeline
12–18 months
Uncontested formal probate
Small Estate Threshold
$208,850
Small Estate Affidavit (Probate Code §13100)
Court
Superior Court — Probate Division
Filing fee: $435
Executor Commission
Statutory scale
~$23,000 on a $1M estate
California probate is generally required when the gross value of the decedent's California estate exceeds the small estate threshold and assets aren't held in a living trust, joint tenancy, retirement account with a beneficiary, or covered by a Transfer on Death Deed. Most California estates with a home in the decedent's sole name will require formal probate unless the home was held in trust or has a recorded TOD deed.
California requires a 4-month creditor claim period plus court-supervised hearings; uncontested formal probate typically takes 12–18 months. Contested estates can exceed 2 years.
California's Small Estate Affidavit (Probate Code §13100) allows qualifying estates to skip formal probate.
| If the death occurred… | Small estate threshold |
|---|---|
| Deaths between April 1, 2025 and March 31, 2026 | $208,850 |
| Deaths on or after April 1, 2026 | $239,700 |
Applies only to personal property. For real estate, California has separate procedures: Affidavit Re Real Property of Small Value (§13200) for properties under $69,625, and Petition to Determine Succession (§13151) for primary residences valued up to $750,000.
California sets executor (personal representative) and attorney fees by statute — both receive the same percentage of the gross estate value (not net equity). Fees are not negotiable for the statutory portion.
Example: An estate valued at $1,000,000 would yield an executor commission of approximately $23,000.
Attorney fees:
California attorney fees for probate use the exact same statutory schedule as executor fees (Probate Code §10810). Both fees are paid out of the estate.
Multiple co-executors:
When multiple personal representatives serve, the statutory commission is split among them by agreement or court order — it is not paid in full to each.
Statute: California Probate Code §10800 (executor) and §10810 (attorney)
Enter the estate's gross value to estimate statutory probate costs in California.
Executor commission
Statutory (California Probate Code §10800 (executor) and §10810 (attorney))
$13,000
Attorney commission
Statutory — matches executor scale
$13,000
Court filing fee
Fixed petition filing fee
$435
Estimated statutory total
$26,435
Estimate only. Excludes extraordinary executor fees, bond premiums, appraisal fees, publication costs, accounting fees, and California-specific surcharges. Does not constitute legal or financial advice.
California Probate Code §8480 requires most administrators to post a surety bond before being appointed. The bond can be waived under §8481 if the will waives it or if all beneficiaries waive in writing — but the court can still require a bond on its own motion, for good cause, or if the personal representative resides outside California.
Statute: California Probate Code §§8480–8481
California has no state estate tax or inheritance tax. Only the federal estate tax applies. The 2026 federal exemption is $15 million per individual ($30 million for married couples) — made permanent and indexed for inflation from 2027 under the One Big Beautiful Bill Act, signed July 4, 2025.
California is a community property state, so spousal protection works through property characterization rather than a separate elective share statute. The surviving spouse retains their one-half interest in all community property outright — only the decedent's half is subject to disposition by will. The decedent's separate property is freely devisable; there is no California statute giving a surviving spouse a fixed percentage of the estate. A spouse can also file a Spousal Property Petition (Probate Code §13650) to confirm community property without full probate.
California's Medi-Cal Estate Recovery Program can file a claim against the probate estate to recover the cost of long-term care, nursing home, and home and community-based services paid for Medi-Cal recipients aged 55+. Recovery is limited to assets passing through probate — assets in a properly funded living trust, joint tenancy, or transferred via a recorded TOD deed are generally outside the recovery base. California reinstated Medi-Cal asset tests effective January 1, 2026 ($130,000 per individual plus $65,000 per additional household member). A 30-month lookback applies to long-term care eligibility, but it only reaches transfers made on or after January 1, 2026 — transfers in 2024 and 2025 are not penalized.
A Heggstad petition under California Probate Code §850 lets a trustee or beneficiary ask the court to confirm that property the settlor intended to put in their trust — but never formally retitled — belongs in the trust. Common scenarios: assets listed on the trust schedule but never retitled, property pulled out and not put back, or post-trust acquisitions. A successful petition transfers title without full probate, often saving 6–12 months and statutory probate fees.
Statute: California Probate Code §850 (Heggstad v. Heggstad)
The full California executor checklist has 25 milestones: 14 specific to California law (shown below — filings, forms, and court interactions tied to California statutes) and 11 universal duties that apply in every state (expandable at the end of the list). The same item never appears in both groups.
Obtain certified death certificates
Order at least 10-15 certified copies of the death certificate from the California Department of Public Health or the county recorder. These will be required by financial institutions, insurers, the court, and government agencies throughout the probate process.
Locate and review the will and trust documents
Search the decedent's records for the original will, any codicils, and any revocable or irrevocable trust documents. In California, assets held in a living trust generally avoid probate, so identifying trust-held vs. probate assets is a critical first step. California is a community property state — only the decedent's one-half interest in community property is subject to probate, while the surviving spouse retains the other half.
File Petition for Probate (Judicial Council Form DE-111)
File the Petition for Probate (Form DE-111) with the Superior Court in the county where the decedent resided. You must choose between independent administration (IAEA) and full court-supervised administration. Independent administration under the Independent Administration of Estates Act allows the executor to act without court approval for most transactions and is generally preferred.
Publish notice of petition to administer estate
California Probate Code requires publication of the Notice of Petition to Administer Estate (Form DE-121) in a newspaper of general circulation in the city where the decedent lived. The notice must be published once a week for three successive weeks before the hearing date.
Attend hearing and receive Letters Testamentary or Letters of Administration
Attend the probate hearing at the Superior Court. If the petition is granted, the court will issue Letters Testamentary (if there is a will) or Letters of Administration (if intestate). The court will also issue an Order for Probate. Obtain multiple certified copies of the Letters as financial institutions and other parties will require them.
Notify financial institutions and transfer agents
Send certified copies of the death certificate and Letters Testamentary or Letters of Administration to all banks, brokerage firms, retirement account custodians, and transfer agents. Request date-of-death valuations for all accounts. Freeze accounts to prevent unauthorized transactions.
Publish notice to creditors
File and publish the Notice of Administration to Creditors as required by California Probate Code Section 9050. Creditors have four months from the date the Letters are issued, or 60 days from the date of mailing of notice to known creditors, whichever is later, to file their claims. Also mail notice to all known or reasonably ascertainable creditors.
File final personal income tax return (Form 1040)
File the decedent's final federal income tax return (Form 1040) for the year of death. The return covers January 1 through the date of death. If the decedent was married, the surviving spouse may file a joint return. California requires a corresponding state return (Form 540).
File estate income tax return (Form 1041) if applicable
If the estate earns more than $600 in gross income during the administration period, file federal Form 1041 (U.S. Income Tax Return for Estates and Trusts). A corresponding California Fiduciary Income Tax Return (Form 541) must also be filed. The estate's tax year begins on the day after the date of death.
File estate tax return (Form 706) if applicable
If the gross estate exceeds the federal estate tax exemption threshold, file federal Form 706 within nine months of death (extensions available). California does not impose a separate state estate or inheritance tax, but the federal return may still be required for portability of the unused exclusion amount to the surviving spouse.
Review and pay valid creditor claims
Review all creditor claims filed against the estate. Allow or reject each claim within 30 days of filing. Pay valid claims from estate funds in the order of priority established by California Probate Code Section 11420 (administration expenses, funeral expenses, debts with preference under federal law, secured debts, etc.).
Distribute specific bequests
Distribute any specific gifts or bequests identified in the will (e.g., jewelry, heirlooms, specific dollar amounts, or particular assets). Obtain signed receipts from each beneficiary. Under independent administration, court approval is generally not required for distributions directed by the will.
Distribute residuary estate to beneficiaries
After all debts, taxes, expenses, and specific bequests have been satisfied, distribute the remaining estate assets to the residuary beneficiaries as directed by the will or by California intestacy law. Under full administration, court approval via a Petition for Final Distribution (Form DE-295) is required before distribution.
File final accounting with the court
Prepare and file the Final Account and Petition for Final Distribution with the Superior Court. California requires a detailed accounting of all receipts, disbursements, and distributions unless all beneficiaries waive the accounting in writing. Under independent administration, beneficiaries may waive the formal accounting requirement.
Secure estate property and valuables
Immediately secure the decedent's residence by changing locks if necessary. Safeguard valuables such as jewelry, cash, important documents, firearms, and collectibles. If the home will be vacant, arrange for regular checks, maintain climate control, and notify the homeowner's insurance carrier of the vacancy. Secure vehicles, safe deposit boxes, and storage units. Document the condition of all property with photographs.
Notify the Social Security Administration
Notify the Social Security Administration of the decedent's death. If the funeral home did not already report the death, call SSA at 1-800-772-1213. Any benefits received after the date of death must be returned. The surviving spouse may be eligible for survivor benefits.
Cancel services, subscriptions, and forward mail
Forward the decedent's mail through USPS to the executor's address or a secure location to capture bills, tax documents, and creditor correspondence. Cancel or transfer utilities (electric, gas, water, internet, phone), streaming services, gym memberships, magazine subscriptions, and other recurring payments. Notify the landlord if the decedent rented. Cancel the decedent's driver's license, voter registration, and passport to help prevent identity theft.
Open an estate bank account
Open a checking account in the name of the estate using the estate's EIN (obtained from the IRS via Form SS-4). All estate income, asset sale proceeds, and expense payments should flow through this account to maintain a clear accounting trail for the court and beneficiaries.
File IRS Form 56 (Notice of Fiduciary Relationship)
File IRS Form 56 to notify the IRS that you are acting as the fiduciary (executor or administrator) for the decedent's estate. This establishes your authority to receive the decedent's tax information, file returns on their behalf, and correspond with the IRS regarding estate matters. File this form promptly after receiving Letters.
Maintain insurance and pay ongoing estate expenses
Review and maintain all insurance policies on estate property, including homeowner's insurance, auto insurance, and any umbrella liability coverage. Lapsed coverage during administration can expose the estate to significant liability. Continue paying ongoing obligations from the estate bank account: mortgage or rent, property taxes, HOA fees, storage unit fees, and essential maintenance. Keep detailed records of all payments for the final accounting.
Inventory and appraise estate assets
Prepare and file the Inventory and Appraisal (Form DE-160) with the court within four months of appointment. Real property, business interests, and certain other assets must be appraised by a court-appointed probate referee. Cash, publicly traded securities, and certain other assets can be valued by the executor.
Handle digital assets and online accounts
Identify and secure the decedent's digital assets, including email accounts, social media profiles, cloud storage, cryptocurrency wallets, online banking, and digital subscriptions. Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs fiduciary access to digital accounts. Check the decedent's devices, password managers, and records for account credentials. Contact service providers to memorialize or close accounts as appropriate.
File claims against life insurance and benefits policies
File claims on all life insurance policies, accidental death policies, and any other insurance or death benefits payable to the estate or named beneficiaries. Provide certified death certificates and completed claim forms to each insurance carrier. Note that policies with named beneficiaries generally pass outside of probate directly to the beneficiary, but proceeds payable to the estate must be inventoried.
Petition court to close the estate
File the Petition for Final Distribution and Order (Form DE-295) to formally close the estate. After the court approves the final accounting and distribution plan, an order will be entered discharging the executor from further duties and closing the probate case.
Close the estate bank account
After all distributions have been made and the court has discharged the executor, close the estate bank account. Ensure all outstanding checks have cleared and that the final balance is zero or distributed to the appropriate beneficiary. Retain bank statements for at least five years for tax and audit purposes.
If a non-California resident dies owning California real estate, an ancillary probate proceeding must be opened in the California county where the property is located, even if a primary probate is already running in another state.
Uncontested formal California probate typically takes 12–18 months. The 4-month creditor claim period plus court-supervised hearings set a practical floor; contested estates or estates with complex assets can exceed 2 years. Small estates qualifying for the Small Estate Affidavit can be completed in 40–60 days after the mandatory 40-day waiting period.
On a $1 million gross estate, statutory executor and attorney fees are each approximately $23,000 — about $46,000 combined. Add the $435 court filing fee and likely bond premiums, appraisal costs, and publication fees. Fees are based on gross asset value, not net equity, so a mortgaged $1M home counts as $1M.
$208,850 for deaths between April 1, 2025 and March 31, 2026, rising to $239,700 for deaths on or after April 1, 2026 (Probate Code §13100). The Small Estate Affidavit applies to personal property only. A 40-day wait after death is required before presenting the affidavit. Separate procedures exist for real estate (Probate Code §13200, §13151).
California law does not require a probate attorney, but most personal representatives retain one. The statutory fee structure, court forms (DE-111, DE-121, etc.), Notice of Proposed Action requirements, and judicial accounting make pro se probate impractical except for the simplest estates. Note: California attorney fees are statutory (Probate Code §10810) — they match the executor commission scale.
Yes, common approaches include: a revocable living trust (holds title, passes outside probate), joint tenancy with right of survivorship, payable-on-death/transfer-on-death designations on accounts, beneficiary designations on retirement accounts, a recorded Revocable Transfer on Death Deed for real estate (Probate Code §§5600–5696), and the Spousal Property Petition (§13650) for community property.
The custodian of a will must deliver it to the Superior Court of the county where the decedent resided within 30 days of learning of the death (Probate Code §8200). Failure to do so can expose the custodian to civil liability for damages caused by the delay.
No. California has no state estate tax or inheritance tax. Only the federal estate tax applies, and the 2026 federal exemption is $15 million per individual ($30 million for married couples) — made permanent under the One Big Beautiful Bill Act (effective January 1, 2026). Note that California's Medi-Cal Estate Recovery Program is separate and can still claim against probate assets for long-term care benefits paid.
IAEA lets the personal representative manage most estate transactions — selling property, paying debts, distributing assets — without prior court approval, provided they send a Notice of Proposed Action to interested parties and wait 15 days for objections (Probate Code §§10580–10592). The court grants IAEA authority on petition. It is the default mode for most California probates.
A Heggstad petition under California Probate Code §850 asks the court to confirm that property the settlor intended to put into a trust — but never formally retitled — belongs in the trust. Common for assets listed on a trust schedule that were never retitled, property removed and not put back, or post-trust acquisitions. A successful petition transfers title without full probate, saving 6–12 months and statutory fees.
Yes. California's Revocable Transfer on Death Deed (RTODD) under Probate Code §§5600–5696 lets residential property owners designate a beneficiary to receive the property at death, bypassing probate. The deed must be recorded with the county recorder during the owner's lifetime to be effective. Recording fees vary by county, typically $15–$30.
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This page is informational, not legal advice. Probate rules, thresholds, fees, and tax exemptions change. For your specific situation, consult a licensed California probate attorney.