California Probate Process: A Complete 2026 Guide

Overview of California Probate

California probate is governed by the California Probate Code, Divisions 1–11. The process applies when a deceased person owned assets in their name alone that exceed the small estate threshold.

In 2026, California's small estate affidavit threshold is $184,500 for real property and personal property combined. Estates below this amount may qualify for simplified transfer procedures under Probate Code §13100.

When Is Probate Required in California?

Probate is required when the decedent owned:

• Real property titled solely in their name (above the small estate threshold)
• Financial accounts without beneficiary designations or payable-on-death provisions
• Personal property exceeding the small estate threshold

Assets that bypass probate include jointly held property, assets in a living trust, life insurance proceeds with named beneficiaries, and retirement accounts with designated beneficiaries. If you own property in Canada, such as British Columbia, a separate probate process may apply.

Step-by-Step California Probate Process

Step 1: File the Petition

The executor (or a family member if there's no will) files a Petition for Probate (Form DE-111) with the Superior Court in the county where the decedent lived. The filing fee is approximately $435–$500 depending on the county.

Step 2: Notify Heirs and Creditors

California law requires the petitioner to:

• Mail notice to all heirs named in the will and known creditors
• Publish a Notice of Petition to Administer Estate in a local newspaper for three successive weeks
• File proof of publication with the court

Step 3: Court Hearing and Letters Testamentary

Approximately 45 days after filing, the court holds a hearing. If no objections are raised, the court issues Letters Testamentary (for executors named in the will) or Letters of Administration (for administrators appointed by the court).

Step 4: Inventory and Appraisal

Within four months of appointment, the executor must file an Inventory and Appraisal (Form DE-160) listing all estate assets and their fair market value. A court-appointed probate referee appraises non-cash assets.

Step 5: Manage the Estate

The executor must:

• Open an estate bank account
• Pay valid creditor claims (creditors have four months from notice)
• File the decedent's final income tax returns
• Maintain and protect estate assets

Step 6: File the Final Petition

After all debts are paid and assets are ready for distribution, the executor files a Petition for Final Distribution (Form DE-295) and a detailed accounting of all transactions.

Step 7: Distribution and Closing

The court reviews the final accounting and, if approved, issues an order for distribution. The executor distributes assets to beneficiaries and files a final receipt.

California Probate Costs

Example: For a $500,000 estate, statutory attorney fees would be approximately $13,000, and executor fees would be an additional $13,000.

California Probate Timeline

The minimum timeline for California probate is approximately 9–12 months, but complex estates can take 18–24 months or longer. Key timeline milestones:

• Filing to hearing: ~45 days
• Creditor claim period: 4 months
• Inventory deadline: 4 months from appointment
• Final distribution: varies by complexity

Tips for Executors in California

1. Consider a living trust — California's high property values make probate expensive. A revocable living trust can avoid probate entirely. Compare this to Texas, which offers a more streamlined independent administration process.
2. Check for small estate eligibility — Estates under $184,500 can use simplified procedures.
3. Hire a probate attorney — California probate is complex and procedural. Professional guidance is strongly recommended.
4. Keep detailed records — The court requires a full accounting of every transaction.
5. Communicate with beneficiaries — Regular updates prevent disputes and delays.

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