Probate in California

An estate in California goes through probate when assets are held in the deceased person's name alone and their total value is above the small-estate limit.

Probate is filed in the Superior Court of the county where the person lived, and it follows a defined process set by the California Probate Code.

Assets held in a living trust, accounts with a named beneficiary, and jointly held property generally pass outside probate entirely.

California does not charge a state estate tax or inheritance tax, though a final income tax return is filed for the year of death.

California Probate Code, Division 7 (administration of estates)

When probate is required

Probate is generally needed when the estate exceeds the small-estate limit and the assets are held in the person's name alone, without a trust or a named beneficiary to carry them directly to someone else.

As of April 1, 2025, personal property estates valued at or below 208,850 dollars can be transferred with a small-estate affidavit instead of formal probate. A separate, higher limit applies to real property.

California Probate Code § 13100

What probate costs

California sets probate fees by statute as a percentage of the estate's value, not as an hourly bill. The schedule is four percent of the first 100,000 dollars, three percent of the next 100,000 dollars, two percent of the next 800,000 dollars, and one percent of the next 9,000,000 dollars.

This statutory fee can be paid twice from the estate, once to the personal representative and once to the attorney, because the same schedule applies to each. Knowing this in advance is often the difference between a fair bill and a surprising one.

California Probate Code §§ 10800 and 10810

How long probate takes

California law expects the personal representative to petition to close the estate or file a status report within one year of being appointed, or within eighteen months if a federal estate tax return is required.

In practice, most estates take the better part of a year or longer, because creditors must be given time to make claims and the court schedules hearings in sequence.

California Probate Code § 12200

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Last updated July 2026

This is general information, not legal, tax, financial, or medical advice. Rules vary by state and change over time. Please confirm anything that affects your situation with a qualified professional.