Probate in California:
The complete 2026 guide

1 Overview of California probate

California probate is governed by the California Probate Code (Divisions 1–11) and administered through each county's Superior Court, Probate Division. More than 60% of California estates with assets over $208,850 require some level of formal probate — the most common legal proceeding families face after a loved one passes.

California is a community property state. Property acquired during marriage is generally owned equally by both spouses. When one spouse dies, only their half of community property passes through probate — the surviving spouse already owns the other half. This distinction can significantly reduce the probate estate's size.

Key facts at a glance

2 When is probate required in California?

Formal probate is required in California when the gross value of the decedent's probate estate exceeds $208,850 (the threshold effective April 1, 2025 under AB 2016 and Probate Code §13100). This threshold adjusts for inflation every three years. Decedents who died before April 1, 2025 fall under the prior $184,500 threshold.

Assets that require probate

• Real property titled solely in the decedent's name (without a trust or TOD deed)
• Bank and brokerage accounts without a payable-on-death (POD) or TOD designation
• Vehicles titled in the decedent's name alone (note: CA allows separate DMV transfer for vehicles)
• Business interests held individually (sole proprietorships, LLC interests without transfer provisions)
• Personal property above the $208,850 threshold that lacks a beneficiary designation

Assets that bypass probate

• Property held in a revocable living trust — the most powerful probate-avoidance tool in California
• Jointly held property with right of survivorship (JTWROS or community property with ROS)
• Accounts with valid beneficiary designations — life insurance, IRAs, 401(k)s, POD bank accounts
• Real property with a Transfer-on-Death (TOD) deed (California Probate Code §5600)
• Community property passing to a surviving spouse via a Spousal Property Petition (DE-221)

3 Small estate options — skip probate entirely

California offers several simplified procedures that allow families to transfer assets without going through formal probate court. These are the fastest and cheapest paths when the estate qualifies.

Option 1: Small estate affidavit — personal property (Prob. Code §13100)

If the gross value of the decedent's personal property (excluding real estate) does not exceed $208,850, heirs can use a signed affidavit to claim the assets — no court required. Wait 40 days after the date of death, then present the affidavit to the bank, brokerage, or institution holding the assets.

Option 2: Simplified petition for primary residence (AB 2016 — Prob. Code §13150)

For deaths on or after April 1, 2025, a decedent's primary residence valued at $750,000 or less can be transferred through a simplified court petition (Petition to Determine Succession to Property), rather than full formal probate. This is dramatically faster and cheaper than formal probate — typically 4–6 months vs. 12–18 months — and costs a fraction of statutory attorney fees.

Option 3: Spousal property petition (Prob. Code §13650)

A surviving spouse or registered domestic partner can petition the court to confirm that community or quasi-community property passes to them — without opening a full probate estate. Filed using Form DE-221. Typically concludes in 2–4 months.

4 Step-by-step probate process

For estates that require formal probate in California, the process unfolds in eight phases. The minimum timeline is approximately 8 months, driven primarily by the mandatory 4-month creditor claim period under Probate Code §9100.

1. 1

   File the will with the court Within 30 days of death

   Under Probate Code §8200, anyone in possession of the decedent's will must file it with the county Superior Court clerk within 30 days of learning of the death. There is no filing fee for depositing the will alone. File in the county where the decedent lived at the time of death.

   Original will No fee to file will alone
2. 2

   File the Petition for Probate (Form DE-111) As soon as possible

   The person seeking to be appointed personal representative files Form DE-111 with the Superior Court, along with the original will (if one exists), a certified death certificate, and Form DE-147 (Duties and Liabilities of Personal Representative). The filing fee is $435 in most California counties (Government Code §70650(a)).

   Critical decision at this step: Request full IAEA authority on the petition (California Probate Code §10403). This is checked on DE-111 and must be requested at the outset — it allows the executor to sell real estate and manage assets without returning to court for every decision. If full authority is granted, the court will schedule a hearing to appoint you and issue Letters.

   Form DE-111 Form DE-147 Certified death certificate Original will $435 filing fee
3. 3

   Publish notice & mail notice to heirs Before court hearing

   The petitioner must mail notice of the hearing (Form DE-120, Notice of Hearing) to all heirs, beneficiaries, and interested parties at least 15 days before the hearing date. The notice must also be published in a local newspaper of general circulation in the county for three successive weeks before the hearing. Publication typically costs $150–$350 depending on the newspaper and county.

   Form DE-120 (Notice of Hearing) Form DE-121 (Proof of Service) Newspaper publication: ~$150–$350
4. 4

   Attend the probate hearing — get Letters issued 30–45 days after filing

   The court schedules a hearing typically 30 to 45 days after filing. If the petition is pre-approved by the court examiner and no objections are filed, the judge formally appoints the personal representative and issues Letters Testamentary (Form DE-150) if there is a will, or Letters of Administration if there is no will. These Letters are your legal authority to act on behalf of the estate.

   Order 10 or more certified copies of your Letters — banks, title companies, financial institutions, and government agencies will each require their own certified copy. At $25–$30 per copy, it's far cheaper to order them now than request additional copies later.

   Form DE-150 (Letters Testamentary/Administration) — issued by court Certified copies: ~$25–30 each
5. 5

   Complete inventory & appraisal Within 4 months of Letters

   Within 4 months of receiving Letters, the personal representative must file a complete inventory of all estate assets using Form DE-160. A court-appointed Probate Referee must appraise all non-cash assets — real property, securities, business interests, and personal property. The Probate Referee's fee is set by statute at approximately 0.1% of the appraised value of non-cash assets (minimum $75, typically $150+).

   The personal representative may value only cash, bank account balances, and publicly traded securities based on date-of-death market prices.

   Form DE-160 (Inventory & Appraisal) Probate Referee fee: ~0.1% of assets
6. 6

   Give notice to creditors & wait out the claim period 4 months from Letters

   The mandatory creditor claim period under Probate Code §9100 is the primary driver of California's timeline: creditors have 4 months from the date Letters are issued, or 60 days from the date they receive written notice — whichever is later — to file a claim against the estate. This period cannot be shortened.

   During this time, manage the estate: maintain real property insurance, pay property taxes, collect rents if applicable, pay ongoing expenses from estate funds. If you have IAEA authority, you can also list and sell real property (see Section 7).

   Form DE-157 (Notice to Creditors) Minimum wait: 4 months
7. 7

   Pay valid claims, file taxes, resolve debts After creditor period closes

   After the creditor claim period expires, review all filed claims. Pay valid claims from estate funds. Dispute invalid claims using Form DE-174. File the decedent's final income tax return (Form 1040) and, if the estate generates income exceeding $600 during administration, file a fiduciary income tax return (Form 1041). California has no estate tax, but the federal estate tax applies to estates exceeding $15,000,000 (2026 threshold under current law).

8. 8

   File final accounting & petition for distribution After debts & taxes are resolved

   File the Final Account and Report with the court, detailing every dollar received and spent during the administration. File the Petition for Final Distribution (Form DE-295 or supplemental petition) requesting court approval to distribute the remaining estate assets to beneficiaries. The court schedules a final hearing, approves the distribution, and issues an Order for Final Distribution. Record new deeds for any real property being transferred to heirs.

   Final Account & Report Form DE-295 (Petition for Final Distribution) Order for Final Distribution — issued by court

5 Timeline — how long does California probate take?

California probate typically takes 12 to 18 months from filing the petition to final distribution. The 4-month creditor claim period under Probate Code §9100 sets the absolute minimum — but court backlogs, real estate sales, and tax complexity routinely extend that.

6 Costs & attorney fees

California is one of a small number of states that sets probate attorney fees by statute. Under Probate Code §10810 (attorney) and §10800 (executor), both the attorney and the personal representative are each entitled to compensation on the same sliding scale, calculated on the estate's gross value — not equity or net worth.

Statutory fee schedule (Cal. Prob. Code §10810)

This fee is paid twice — once to the attorney and once to the executor — unless the executor waives their fee. For most families, the combined attorney + executor fees are the largest cost in a California probate.

All costs you'll encounter

7 IAEA — the most important tool for California real estate

The Independent Administration of Estates Act (IAEA), codified at California Probate Code §10400 et seq., allows the personal representative to administer the estate — and specifically to sell real property — with minimal court involvement. Understanding the IAEA is the single most consequential piece of knowledge for any California executor with real estate in the estate.

Full authority vs. limited authority

The IAEA sale process with full authority

1. 1

   Obtain full IAEA authority from the court

   Requested on Form DE-111 at the initial petition. Granted at the hearing when Letters are issued. Confirmed in Letters Testamentary (DE-150).

2. 2

   List the property using a C.A.R. Probate Listing Agreement

   Use the California Association of Realtors probate listing agreement — not a standard residential listing agreement. The standard form doesn't account for the 90-day listing limitation, fiduciary capacity, or court commission approval requirements. List, market, and accept offers like a standard sale.

3. 3

   Accept an offer and serve Notice of Proposed Action (DE-165)

   Once an offer is accepted, the estate attorney prepares and serves Form DE-165 (Notice of Proposed Action) to all beneficiaries and heirs. They have 15 days to file a written objection. If no one objects within 15 days, the sale proceeds to close without a court hearing.

4. 4

   Close escrow

   If no objection is filed, close escrow as normal. From the buyer's perspective, the escrow process is nearly identical to a standard residential transaction. Total timeline: typically 45–75 days from accepted offer to close.

8 Executor duties in California

The personal representative (called an executor when named in a will, or an administrator when appointed by the court without a will) has a fiduciary duty to all beneficiaries and creditors of the estate. California's duties are codified in Probate Code §9600 et seq.

What an executor can and cannot do

9 Real estate in California probate

California's real estate rules during probate are among the most detailed in the country — and the most consequential, given the state's home values. Here is what every executor and heir needs to know.

Can I sell the house before probate closes?

Yes — and you should start the process early if the estate needs liquidity or if carrying costs are significant. With full IAEA authority, you can list the property as soon as Letters are issued (typically 30–45 days after filing the petition). The property can be in escrow and close before the final distribution hearing — the sale proceeds become estate assets distributed at the end of probate.

Transfer on Death (TOD) deeds — avoiding probate for real estate

California allows homeowners to record a Transfer-on-Death deed (Prob. Code §5600) naming a beneficiary to receive the property automatically on death — bypassing probate entirely. If the decedent recorded a TOD deed before death, the named beneficiary can claim the property using a simple affidavit. TOD deeds are one of the most powerful estate planning tools available to California homeowners.

Stepped-up cost basis — the tax benefit most heirs miss

When a beneficiary inherits real property, their cost basis is stepped up to the fair market value on the date of death — not the original purchase price. This rule (IRC §1014) can eliminate decades of capital gains. For example: a home purchased for $120,000 in 1990, worth $750,000 at the date of death — the heir's basis is $750,000. If they sell for $780,000, they owe capital gains only on $30,000, not $660,000.

10 Key California probate forms

California probate uses standardized Judicial Council forms. All forms are free to download from the California Courts website. Below are the most commonly used forms, with plain-English explanations.

View all 66 California probate forms →

11 California probate courts by county

Probate is filed in the Superior Court of the county where the decedent lived at the time of death. If the decedent owned real property in another California county, you may need to file in that county as well (ancillary probate). Select your county for courthouse address, filing hours, e-filing availability, local filing fees, and approved newspapers for the creditor notice publication.

All 58 California counties listed. Click any county for courthouse details, filing fees, hours, and local court rules.

12 California probate — frequently asked questions