Handling probate in California can feel overwhelming, especially if you have never done it before. Every county follows the same legal framework but has its own local rules, forms, and timelines. This guide explains exactly how probate works in California, what steps you must take, and how long it usually takes to close an estate.
You will learn how to file probate, what forms to use, how to calculate fees, and when you can handle probate yourself. Each section provides clear answers based on California law and official court resources.
In California, more than 60% of estates require some level of probate, and average cases last 9 to 18 months. Executors often face over 100 filing, notice, and record-keeping tasks throughout the process.
Source: National Center for State Courts (NCSC)
Probate is the court-supervised process that ensures a deceased person’s assets are collected, debts are paid, and the remaining property is distributed according to the law. The California Probate Code (7000-7350) defines this process and the duties of executors and administrators.The court’s main role is to validate the will (if there is one), appoint an executor or administrator, and oversee the estate’s administration until everything is settled.
Probate is typically required in California when the value of the estate exceeds $184,500 and the assets are titled solely in the deceased person’s name. If the estate is smaller, the executor may qualify for a simplified procedure called Summary Probate.
According to the California Courts Self-Help Center, probate is required whenever property must be legally transferred under court supervision.
Some assets bypass probate entirely, such as:
The official petition to open probate (Form DE-111) and all related filings are available through the Judicial Council of California. Each step below follows the guidance outlined in the California Courts Probate Guide..
Simple estates: 6 to 9 months
Typical estates: 9 to 18 months
Complex estates: 18 months or longer
The average probate case in California takes between 9 and 18 months depending on the size and complexity of the estate, according to recent data from the National Center for State Courts (NCSC). Larger counties such as Los Angeles or San Francisco may take longer because of high caseloads.
Cases may take longer if:
Most California estates spend between 3% and 7% of total estate value on probate costs. Filing fees typically range from $435 to $1,000, as listed by the California Superior Court fee schedules. Executor and attorney fees follow the percentages defined under Probate Code 10800.
Typical fees include:
Probate in California follows a statutory fee schedule that defines how much executors and their attorneys can be paid. These fees are set by California Probate Code 10800 and apply to the total gross value of the estate, not just the liquid cash.
Current statutory fee rates:
Example: If an estate is worth $600,000, both the executor and the attorney are each entitled to $15,000 in statutory fees (4% of the first $100k, 3% of the next $100k, and 2% of the remaining $400k).
In addition, courts may approve extraordinary fees for special services such as selling real property, handling tax issues, or resolving litigation. These are generally billed hourly and must be justified to the court.
Traditional law firms in California charge according to this schedule, meaning costs often rise with the size of the estate. Alix works differently, offering a flat, predictable fee that covers the same filings, court coordination, and communication for one fixed price.
Yes. In California, executors can represent themselves in probate court if the estate is uncontested. This is known as pro se representation.
However, probate involves strict rules, deadlines, and legal paperwork. Even a small mistake can delay the process for months or lead to rejected filings. Many executors choose professional assistance to ensure accuracy and compliance while avoiding high attorney fees.
California law allows individuals to represent themselves in probate court if the estate is uncontested. The California Courts Self-Help Center confirms that executors can file documents, publish notices, and appear at hearings without an attorney
The California Judicial Council provides all official probate forms online. The most common ones include:
You can find all official forms at California Courts Probate Forms.
Probate cases are handled by the Superior Court in the county where the deceased person lived.
You can locate your local probate court here:
Find My California Superior Court
ProbIf the estate’s total value is under $184,500, you may qualify for Summary Probate, also called “Small Estate” or “Simplified Procedure.” Details are outlined by the California Courts Small Estate Guide, which explains how to use simplified procedures and required forms.
This process typically takes a few months and requires fewer court hearings. Executors can often file a Small Estate Affidavit instead of going through formal probate.
ate cases are handled by the Superior Court in the county where the deceased person lived.
California allows a faster, simpler process for small estates. Here’s how to know if you qualify.
Do all estates have to go through probate in California?
No. Small estates under $184,500 may qualify for summary procedures. Assets held in trusts or joint ownership usually transfer outside probate.
How long after death do you have to file probate?
California law requires probate to be filed within 30 to 60 days after locating the will or confirming that there is no will.
Can probate be avoided with a trust?
Yes. The State Bar of California confirms that assets held in a revocable living trust bypass probate entirely.
What forms are needed to start probate?
You will need Form DE-111 (Petition for Probate), Form DE-147 (Duties and Liabilities), and Form DE-160 (Inventory and Appraisal).
Who pays probate costs?
All probate costs are paid from the estate’s funds, not by the executor personally.
What happens if there is no will?
If someone dies without a will, the court applies California’s intestate succession laws to determine who inherits the property.
According to a 2023 AARP study, more than 70% of executors describe probate as “confusing” or “time-consuming.” Alix was created to simplify that experience through guided support and flat, transparent pricing.
Alix helps families across California navigate the probate process from start to finish. Our team reviews every form, ensures compliance with court requirements, and keeps you informed throughout the process.
