How long does probate take in California?

The statutes set clocks, not a total: the inventory and appraisal is due within four months after letters (Prob. Code §8800), and creditors' claims are due by the later of four months after letters or 60 days after the notice of administration (§9100). The estate closes when the court allows distribution, so the length depends on the estate.

Is probate required in California?

Only for property the decedent owned outside a trust, a beneficiary designation or joint tenancy — and not even then where a shorter route applies: the affidavit for personal property (Prob. Code §13100), the primary-residence petition (§13151), the affidavit for real property of small value (§13200) or the spousal property petition (§13650).

What is the California small estate limit?

Prob. Code §13100 sets the limit for the personal-property affidavit and adjusts it every three years under §890, which has the Judicial Council publish the current amounts; the amount that applies is the one in effect on the date of death. For deaths on or after April 1, 2025, the Judicial Council's form DE-300 lists $208,850.

How much does probate cost in California?

The personal representative's statutory compensation for ordinary services is 4% of the first $100,000 of the estate, 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, and a reasonable amount above $25 million (Prob. Code §10800); the attorney's statutory fee follows the same schedule (§10810). Court costs and extraordinary services are separate.

California Probate, Explained

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What is probate?

Probate is how a California court oversees transferring a deceased person's assets — validating any will, appointing a personal representative, paying valid debts and expenses, and distributing what remains to the heirs or beneficiaries. Assets that pass another way (a funded Trust, beneficiary designations, jointly held property) generally skip probate.

The main types of California probate

Probate administration

The court process for an estate that needs one: a petition, a hearing, and letters issued to a personal representative, who files an inventory and appraisal within four months (Prob. Code §8800) and gives notice to known creditors (§9050). The court may grant the representative full or limited authority to act with less court supervision under the Independent Administration of Estates Act (§§10400, 10450).

Small-estate affidavit

Where the gross value of the decedent's California property, excluding what the statute leaves out, does not exceed a dollar limit adjusted every three years under §890, the successor may collect personal property by affidavit once 40 days have passed since the death — without letters or a probate (Prob. Code §13100).

Petitions that skip a full administration

A petition for succession to a primary residence within the §13151 limit after 40 days, an affidavit for real property of small value after six months (§13200), and a spousal property petition confirming what passes to a surviving spouse (§13650) — each a court step, but shorter than an administration.

What happens in a California probate

File the petition for probate; after the hearing, the court admits any will — which its custodian has already delivered to the clerk (Prob. Code §8200) — and issues letters to the personal representative.
Give notice of administration to known creditors (§9050); claims are due by the later of four months after letters or 60 days after the notice (§9100).
File the inventory and appraisal within four months after letters (§8800); real property in the estate brings the change in ownership statement, filed with the inventory (Rev. & Tax. Code §480(b)).
Pay valid claims, taxes, and administration expenses.
Distribute what remains to the beneficiaries and close the estate.

Can you avoid probate in California?

Often, in part — a funded revocable living Trust, beneficiary or pay-on-death designations, and jointly titled property generally pass outside probate. What works depends on how each asset is titled. This page is general information, not legal advice; a free role check can show you where you stand, and a California attorney can advise on your estate.

General information about California law, not legal advice.

Frequently asked questions

How long does probate take in California?: The statutes set clocks, not a total: the inventory and appraisal is due within four months after letters (Prob. Code §8800), and creditors' claims are due by the later of four months after letters or 60 days after the notice of administration (§9100). The estate closes when the court allows distribution, so the length depends on the estate.
Is probate required in California?: Only for property the decedent owned outside a trust, a beneficiary designation or joint tenancy — and not even then where a shorter route applies: the affidavit for personal property (Prob. Code §13100), the primary-residence petition (§13151), the affidavit for real property of small value (§13200) or the spousal property petition (§13650).
What is the California small estate limit?: Prob. Code §13100 sets the limit for the personal-property affidavit and adjusts it every three years under §890, which has the Judicial Council publish the current amounts; the amount that applies is the one in effect on the date of death. For deaths on or after April 1, 2025, the Judicial Council's form DE-300 lists $208,850.
How much does probate cost in California?: The personal representative's statutory compensation for ordinary services is 4% of the first $100,000 of the estate, 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, and a reasonable amount above $25 million (Prob. Code §10800); the attorney's statutory fee follows the same schedule (§10810). Court costs and extraordinary services are separate.

General information about California law, not legal advice.