Introduction

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)

‍

What Is Probate in California?

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.

‍

When Probate in California Is Required

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.

‍

When Probate in California Can Be Avoided

Some assets bypass probate entirely, such as:

Property held in a living trust
Jointly owned property with rights of survivorship
Accounts with named beneficiaries (POD or TOD)
Life insurance and retirement accounts
Assets transferred through small estate affidavits

How to File Probate in California

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.

File a Petition for Probate
File a Petition for Probate (Form DE-111) in the Superior Court where the deceased person lived. You can download the form directly from the California Judicial Branch website.
Notify Heirs and Creditors
Mail required notices to all beneficiaries and publish a public notice to creditors in a local newspaper.
Appoint an Executor or Administrator
Once approved, the court issues “Letters Testamentary” (if there is a will) or “Letters of Administration” (if there is no will). These documents grant authority to act on behalf of the estate.
Inventory and Appraise the Estate
Complete Form DE-160 (Inventory and Appraisal) to list all assets and their values. File it with the court.
Pay Debts, Taxes, and Expenses
Use estate funds to settle debts, file final tax returns, and pay any remaining bills.
Distribute Remaining Assets
After debts and taxes are paid, distribute assets according to the will or California intestate laws.
Close the Estate
File a final accounting with the court to officially close the probate process.

‍

Estimated Timeline for Probate in California:

Simple estates: 6 to 9 months
Typical estates: 9 to 18 months
Complex estates: 18 months or longer

‍

How Long Does Probate Take in California

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:

The will is contested
There are multiple heirs or disputes
Real estate must be sold
The executor delays filings or misses deadlines

Probate Costs and Fees in California

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:

Court filing fees ($435-$1,000)
Executor compensation (as allowed under Probate Code 10800)
Attorney and accountant fees
Appraisal and publication costs

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:

4% of the first $100,000 of the estate’s value
3% of the next $100,000
2% of the next $800,000
1% of the next $9 million
0.5% of the next $15 million
For estates above $25 million, the court determines a reasonable fee

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.

‍

Can You Do Probate Without a Lawyer in California

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

‍

Required Probate Forms in California

The California Judicial Council provides all official probate forms online. The most common ones include:

DE-111: Petition for Probate
DE-147: Duties and Liabilities of Personal Representative
DE-160: Inventory and Appraisal
DE-174: Allowance or Rejection of Creditor’s Claim

You can find all official forms at California Courts Probate Forms.

‍

Which Court Handles Probate in California

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

‍

Summary Probate in California (Simplified Process)

If 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.

‍

California Probate FAQs

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.

‍

Heading 2

Heading 3

Heading 4

Heading 5

Heading 6

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur.

Block quote

Ordered list

Item 1
Item 2
Item 3

Unordered list

Item A
Item B
Item C

Text link

Bold text

Emphasis

^Superscript

_Subscript

If the person left a will, the court confirms that the document is valid and appoints the person named as executor to carry out its instructions. If there is no will, the court assigns an administrator to manage the estate under state inheritance laws.
‍

Probate involves several responsibilities, such as:

Distributing remaining assets to those entitled to inherit them.
Filing the will and death certificate with the court.
Notifying heirs, beneficiaries, and creditors about the process.
Paying valid debts and taxes from the estate’s funds.

The process provides legal protection for everyone involved: beneficiaries receive what they are owed, and executors or administrators are shielded from personal liability if they follow court rules.

In some states, small or uncomplicated estates can qualify for simplified procedures, allowing the executor to skip formal hearings or use affidavits instead of full filings. However, larger or contested estates almost always go through formal probate.

`Do all estates go through probate?`

Not necessarily. Assets held in trusts, joint accounts, or with named beneficiaries can often transfer directly without court involvement.

`Who is responsible for handling probate?`

The executor named in the will, or if none is named, a court-appointed administrator. Their duties include collecting assets, paying debts and taxes, filing court paperwork, and keeping heirs informed throughout the process.

How to avoid probate

Probate is usually required when the person who passed owned assets solely in their name and no beneficiary is listed.

You can often avoid probate when assets are set up to transfer automatically at death. Common ways include:

Living trust (revocable trust)
Beneficiary designations on accounts (POD/TOD)
Joint ownership with rights of survivorship
Transfer on death (TOD) deeds for real estate (in some states)
TOD titles for vehicles (state-specific)

The New York court system explains that if someone owned real property in their name alone, the estate is not a “small estate” and you must file a probate case (if there’s a will) or an administration case (no will). New York Courts: Small Estate / Voluntary

Probate process: What executors must do

At a high level, the probate process follows these steps; forms and timing vary by state.

File will and death certificate.
Petition court to open probate.
Court issues Letters Testamentary/Administration.
Notify beneficiaries and creditors.
Collect, safeguard, and appraise assets.
Pay valid debts, taxes, and fees.
Distribute remaining assets per law/will.
Submit final accounting; close estate.

1) File the will and death certificate

Submit the original will (if any) and certified death certificates to the probate court in the county where the decedent lived. The court opens a file and assigns a case number. Keep extra certified copies: banks and insurers will ask for them.

2) Petition to open probate

The executor named in the will (or an interested heir if no will) files a petition asking the court to start the case. If there’s no will, this is an administration case and the court appoints an administrator.

3) Court issues “Letters” (your legal authority)

After appointment, the court issues Letters Testamentary (will) or Letters of Administration (no will). These documents give you legal power to act for the estate: open accounts, access records, sell assets with court approval if required.

4) Notify beneficiaries and creditors

Send required notices to heirs/beneficiaries and publish creditor notice if your state requires it. Track claim deadlines; late or missed notices can trigger disputes and penalties.

5) Collect, safeguard, and appraise assets

Locate accounts and property, secure the home, forward mail, and order appraisals where needed. Create the inventory the court requires: cash, real estate, vehicles, personal property, securities, insurance, retirement accounts, and debts owed to the estate.

6) Pay valid debts, taxes, and fees

Review and pay timely creditor claims, expenses, and taxes. File the decedent’s final Form 1040 and, if the estate has income, Form 1041 (fiduciary return). Keep receipts, your final accounting must document every dollar.

7) Distribute remaining assets

After debts and taxes are cleared (and any required court approvals obtained), transfer property to the heirs per the will or state intestacy laws. Get receipts/releases from beneficiaries.

8) Final accounting and close the estate

Prepare a complete accounting of money in/out, provide it to beneficiaries (and the court if required), resolve objections, and request an order to close the estate. Keep records after closing in case of later questions.

As executor, you take on specific tax duties for the estate. See the IRS guidance for survivors, executors, and administrators for the full list and forms.

How long does Probate take on average?

Most probate cases take 9-12 months, but timelines vary with estate complexity, disputes, real-estate sales, tax filings, and local court backlogs.

The timeline depends on:

The size and complexity of the estate
Whether there is a valid will
The number of heirs and creditors
Court schedules varying on each state

Note: Simple estates with no disputes can finish in 6-9 months. Complex estates with property sales, debt, or tax filings can exceed 18 months. Missing documents are the #1 cause of delays.

Executors can check timeline averages on each state through the National Center for State Courts.

How much does Probate cost? And who pays?

Probate costs typically range from 3% to 7% of the estate’s total value, depending on attorney fees, court filings, and appraisal requirements.

Common probate costs include:

Court filing and appraisal fees
Executor or representative fees
Attorney and accountant fees
Bond or publication costs

Who pays probate costs?

All probate expenses are paid from the estate before any assets are distributed to heirs.

Traditional Law Firm

Alix

How to manage Probate efficiently and stay compliant

Probate runs smoothly when executors stay organized, timely, and transparent with beneficiaries.

While every estate follows the same general structure, executors often struggle with coordination and accuracy.

This section outlines how an organized approach keeps the process on track and reduces delays.

Why It Matters

Best Practice for Executors

Aspect

Documentation

Missing or incomplete forms are the most common reason for probate delays.

Create a checklist of required filings before the first court deadline.

Creditor Management

Late or missed notices can lead to penalties or disputes.

Keep a log of creditor communications and maintain proof of notice publication.

Asset Inventory

Courts require a verified inventory before distributions.

Gather account statements, property appraisals, and titles early in the process.

Tax Filings

Estates may owe final income and fiduciary taxes.

Coordinate timelines for IRS Form 1041 and any state filings.

Communication

Beneficiary disputes usually arise
from lack of information.

Provide periodic updates and keep written summaries of all key decisions.

Executors can reference official guidance from the U.S. Government: After Death Resources..

Probate rules and timelines by state

Probate rules and filing fees vary across the U.S. While the core process is similar everywhere, timelines, forms, and court costs differ.

Average Duration

Court Fee Range

State

California

9–18 months

$400–$1000

Yes, “Summary Probate” for estates under $184 500

Executors must publish creditor notice and file an Inventory & Appraisal (Form DE-160).

Florida

6–12 months

$300–$800

Yes, “Summary Administration” for estates under $75 000

Must file Petition for Administration within 10 days of appointment. Creditors get 3 months to file claims.

Texas

8–16 months

$300–$700

Yes, “Independent Administration” (less court oversight)Tax Filings

Executor posts bond unless waived by will. Accounting required after 15 months.

New York

9–15 months

$500–$900

Simplified Procedure

Executor Requirements

Letters Testamentary required before asset transfers. Must publish notice to creditors within 3 months.

Illinois

10–15 months

$300–$850

Yes, Small Estate Affidavit (< $100 000)

Executor files inventory within 60 days; must provide notice to heirs within 14 days.

Pennsylvania

9–14 months

$300–$800

Limited

“Short Certificate” required to access assets. Inheritance tax due within 9 months.

Arizona

6–10 months

$250–$600

Yes, “Informal Probate” (unsupervised)

Personal Representative must notify creditors within 4 months.

Ohio

9–13 months

$250–$750

Yes, “Relief from Administration” for estates
< $35 000$250–$750

Inventory filed within 3 months; hearing within 4 months.$250–$750

Sources:

Probate timelines vary widely depending on state laws, estate size, and the court’s workload. Always verify your local requirements through your state judiciary website before filing.

Executors can reference the National Center for State Courts Probate Data for nationwide statistics and trends.

Probate FAQs: Answers to the most common Executor questions

Executors and families often share the same questions about probate timing, costs, and responsibilities. Below are concise answers drawn from official state and federal sources.

Do I need a lawyer for probate?

Not always. Most states allow you to handle probate without hiring an attorney if the estate is straightforward, uncontested, and all heirs agree.
‍
However, legal help can be useful when:

The will is contested or unclear.
Real estate spans multiple states.
There are large debts or unpaid taxes.
Beneficiaries cannot be located.

Some states (like Florida) require lawyer involvement for formal probate, while others (like Texas) permit independent administration with minimal court oversight.
‍
You can confirm your state’s rule on its judicial website or review the American Bar Association’s probate overview.

How long after death do you have to file probate?

In most states, probate must start within 30–90 days of the person’s death. Courts require the executor to submit the death certificate, will, and petition to open the case.

If you wait too long, you risk late-filing penalties or the court appointing another administrator. For example, New York expects filings within 30 days of locating the will, while California allows up to 60 days.

What happens if there is no will?

When someone dies without a valid will, the estate goes through intestate probate.

If someone dies without a valid will, the court applies intestate succession laws, a legal formula that decides who inherits.

Usually:

Spouses and children inherit first.
If none, parents or siblings inherit.
More distant relatives only if no immediate family exists.

The court appoints an administrator (often a family member) to handle everything a normal executor would-filings, debt payments, and distributions.

Who pays probate fees and taxes?

All probate expenses, including court costs, filing fees, and professional services, are paid from the estate’s funds, not by the executor personally. Executors must keep accurate records of these transactions for the final accounting submitted to the court.

Can probate be avoided altogether?

In some cases, yes. Assets held in joint ownership, trusts, or with named beneficiaries (like life insurance or retirement accounts) can bypass probate entirely. However, most estates still include at least a few assets that require court supervision to transfer legally.

What are the main documents required to start probate?

Executors typically need:

The original signed will.
Certified death certificates (2–5 copies).
A petition to open probate.
A full asset inventory with approximate values.
Contact list of heirs and creditors.

What can delay or complicate probate?

Delays usually come from:

Missing or incorrect forms.
Disputes between heirs.
Hard-to-value assets (like property or business shares).
Waiting on tax clearance or creditor deadlines.

Is probate the same in every state?

No. Probate procedures depend heavily on state law.

California: long formal hearings and multiple filings.
Florida: simplified “summary administration” for small estates.
Texas: independent executors act with limited court oversight.
New York: detailed court supervision and higher filing fees.

Most states require similar core steps: file will, notify creditors, pay debts, distribute assets, etc. Forms, deadlines, and costs differ.

What taxes must be filed during probate?

Two main filings are required:

Final personal income tax return (Form 1040) for the decedent, covering the year of death.
Estate income tax return (Form 1041) if the estate earns income before distribution.

Some states also levy inheritance or estate taxes on assets passed to heirs.
Executors should check with a CPA or their state revenue department for local requirements.

Learn more at IRS: Estate and Fiduciary Tax Forms.

You don’t have to do Probate alone

Probate is never simple, but it doesn’t have to be overwhelming.
Once you understand what’s required, who’s responsible, and how each step fits together, the process becomes much easier to manage.

Alix was designed to help executors stay organized, accurate, and compliant every step of the way.

Whether you’re just beginning or already partway through the process, we can guide you through forms, deadlines, and legal filings so nothing gets missed.

If you’re ready for expert guidance through every step, start here: book a free 15-minute consultation.

Heading 1