US Probate Requirements Guide
Step-by-step processes, forms, fees, and timelines for all 50 states & DC.
Estate Jurisdiction
Select the province or state where the deceased resided. Estate laws are governed by this jurisdiction, not where you are located.
States & DC
California (CA) Requirements
Community Property State
In community property states, assets acquired during marriage are generally owned equally by both spouses. The surviving spouse's half is NOT part of the probate estate and passes automatically.
California is a community property state with one of the most structured probate systems in the US. Probate is required for estates exceeding $239,700 in assets (effective April 1, 2026; applied based on date of death, not filing date). The state uses a statutory fee schedule for executor and attorney compensation based on estate value. There is no state estate or inheritance tax, but probate can be lengthy and expensive.
Court
Superior Court — Probate Division
Testate Grant
Letters Testamentary
Intestate Grant
Letters of Administration
Step-by-Step Process
- 1Determine if probate is required (estates over $239,700 threshold, effective April 1, 2026)
- 2File Petition for Probate (DE-111) with the Superior Court
- 3Publish Notice of Petition to Administer Estate in local newspaper
- 4Attend court hearing (typically 4–6 weeks after filing)
- 5Receive Letters Testamentary (DE-150) from the court
- 6File Inventory and Appraisal (DE-160) within 4 months
- 7Notify creditors and allow 4-month claim period
- 8Pay debts, taxes, and expenses
- 9File Final Account and Petition for Distribution (DE-295)
- 10Distribute assets after court approval
Required Forms
| Form | Purpose |
|---|---|
| DE-111 | Petition for Probate — initiates proceedings |
| DE-150 | Letters Testamentary — grants executor authority |
| DE-160 | Inventory and Appraisal — detailed asset listing |
| DE-295 | Final Account and Petition for Distribution |
| DE-157 | Notice of Proposed Action — notifies beneficiaries of planned actions |
Fees(PERCENTAGE (STATUTORY))
| Description | Amount |
|---|---|
| Filing fee | $435–$470 (varies by county) |
| Statutory fee on $200K estate | $7,000 (executor) + $7,000 (attorney) |
| Statutory fee on $500K estate | $13,000 (executor) + $13,000 (attorney) |
| Statutory fee on $1M estate | $23,000 (executor) + $23,000 (attorney) |
California uses a statutory fee schedule: 4% of first $100K, 3% of next $100K, 2% of next $800K, 1% of next $9M. Both executor and attorney receive this fee.
Small Estate Option
Threshold: $239,700 (effective April 1, 2026) — Estates at or below $239,700 (effective April 1, 2026; replaces the prior $208,850 figure) may use a Small Estate Affidavit (Prob. Code §13100) — no court proceeding. AB 2016: a Petition to Determine Succession may be used to bypass full probate for a primary residence valued up to $750,000 (effective April 1, 2025). Excludes assets in joint tenancy, POD/TOD accounts, and funded trusts. Date of death — not filing date — determines which threshold applies. Note: title companies may still hesitate to accept the AB 2016 shortcut despite the law allowing it.
Timeline
| Stage | Estimated Time |
|---|---|
| Filing to hearing | 4–6 weeks |
| Appointment to inventory | 4 months |
| Creditor claim period | 4 months |
| Full administration | 9–18 months |
Digital Filing
✅ Available — Varies by county (e.g., Los Angeles uses LASC e-filing)
Bond Requirements
Usually required. Amount set by court based on estate value. Can be waived by will or consent of all beneficiaries.
Notice Requirements
- Publish Notice of Petition to Administer Estate in local newspaper
- Mail notice to all known creditors within 30 days of appointment
- 4-month creditor claim period from notice to creditors
- File proof of publication with the court
Unique Considerations
- Community property state — surviving spouse's half is not subject to probate
- Statutory fee schedule makes California probate among the most expensive in the US
- Probate Referee appointed by court to appraise non-cash assets
- Independent Administration of Estates Act (IAEA) allows executor to act without court approval for many actions
- No state estate or inheritance tax
Key Deadlines
| Period | Requirement |
|---|---|
| 30 days | File will with court after learning of death |
| 4 months | Inventory and Appraisal due after appointment |
| 4 months | Creditor claim period from first notice |
| 9 months | Federal estate tax return due (if applicable) |
Common Mistakes — California
Not using the Independent Administration of Estates Act to avoid repeated court hearings
Underestimating California's statutory fee schedule — both executor and attorney each receive the full percentage
Failing to account for community property vs. separate property
Not filing Inventory and Appraisal within 4 months
Overlooking the small estate affidavit procedure for estates under $239,700 (effective April 1, 2026)
Missing the Probate Code §9202 duty to notify the local Child Support Director within 90 days of appointment if any heir or beneficiary owes past-due child support — failure creates personal liability
Overlooking AB 2016 — a Petition to Determine Succession can clear a primary residence valued up to $750,000 without full probate
Key Legislation
- California Probate Code (Division 1–11)
- California Family Code §§ 760–761 (Community Property)
Common Mistakes (All US States)
1. Distributing before paying debts — If you distribute to beneficiaries before all debts and taxes are paid, you may be personally liable for the shortfall.
2. Missing the IRS estate tax filing deadline — Federal estate tax return (Form 706) is due 9 months after death for estates exceeding the federal exemption ($15M per individual / $30M per married couple in 2026, made permanent by the One Big Beautiful Bill Act and indexed for inflation starting 2027).
3. Ignoring state estate or inheritance taxes — 13 states plus DC have estate taxes, and 6 states have inheritance taxes — often with much lower thresholds than the federal exemption.
4. Not publishing creditor notice — Failing to properly publish notice to creditors can extend your personal liability and delay closing the estate.
5. Poor record-keeping — Document every transaction. Beneficiaries and the court can demand a full accounting.
6. Mixing personal and estate funds — Always open a separate estate bank account. Commingling is a breach of fiduciary duty.
7. Acting before deciding to accept — Once you 'intermeddle' with estate assets, stepping down as executor becomes very difficult.
8. Ignoring digital assets — Digital accounts, cryptocurrency, online businesses, and social media accounts all need to be addressed in estate administration.
Create a free account to save your progress
Your checklist and jurisdiction preferences will persist across sessions.
View a Sample VisualizationDisclaimer: EstateClarity is an informational tool only and does not provide legal, tax, or financial advice. The content, analysis, and visualizations generated by this platform are for educational and organizational purposes and should not be relied upon as a substitute for professional counsel. Always consult a qualified attorney, accountant, or financial advisor regarding your specific situation. Use of this platform does not create an attorney-client or fiduciary relationship.