Probate in California
Probate is the court-supervised process of settling a deceased person's estate. In California it is generally required when someone dies owning more than $208,850 in assets that don't pass automatically — but smaller estates, and assets held in trust or joint tenancy, can often skip it.
By Find Local Law Editorial Team · Last reviewed: May 23, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
When is probate required in California?
Probate is generally required when a person dies owning assets in their sole name that don’t pass automatically to someone else, and the total exceeds the small-estate limit — $208,850 for deaths on or after April 1, 2025.
You can usually avoid probate when assets are:
- Held in a living trust.
- Owned in joint tenancy or as community property with right of survivorship.
- Covered by a beneficiary designation (life insurance, retirement accounts, payable-on-death bank accounts).
- Small enough to use a small estate affidavit.
What to expect
California probate typically runs 9 to 18 months and carries statutory fees paid to both the attorney and the executor. The guides below walk through the timeline, the exact fee schedule, the executor’s duties, and how to tell whether you need a lawyer — all with citations to the California Probate Code.
Guides
- California Probate Costs & Statutory Attorney Fees
In California, both the attorney and the executor are each paid a statutory fee set as a percentage of the estate's gross value — 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, then 1% and 0.5% on larger estates.
- Do You Need a Lawyer for California Probate?
California does not require you to hire a lawyer for probate, but most personal representatives do, because the process is deadline-driven, the representative is personally liable for mistakes, and the attorney's fee is paid by the estate on the same statutory schedule regardless.
- California Executor Duties
A California executor (personal representative) must petition for appointment, notify heirs and creditors, file an inventory and appraisal within 4 months, pay valid debts and taxes, and account to the court before distributing the estate — all as a fiduciary.
- California Small Estate Affidavit
If a California decedent's estate is worth $208,850 or less (for deaths on or after April 1, 2025) and at least 40 days have passed since death, successors can usually collect personal property with a small estate affidavit instead of formal probate.
- California Probate Timeline: Step by Step
California probate typically takes about 9 to 18 months from filing the petition to final distribution, driven largely by the mandatory creditor claim period (at least 4 months) and the time to inventory assets and obtain court approval.
Find local help
Connect with a local attorney
Tell us about your situation and we'll match you with a local California attorney who handles matters like yours. Free, no obligation.
Start your free intake