Probate is the court-supervised process of proving a will, paying a person's debts, and distributing what is left to the heirs. In California, that process has a reputation for being slow and expensive, and the reputation is earned. Understanding how it works, and what it costs, is the first step toward deciding whether to plan around it.
This guide walks through formal probate in California: when it is required, who runs it, the statutory fee schedule set by the Probate Code, a realistic timeline, and why so many California families take steps to keep their estates out of the probate court entirely.
When probate is required in California
Not every estate has to go through formal probate. California offers simplified transfer procedures for smaller estates. For deaths on or after April 1, 2025, an estate qualifies for the simplified small-estate affidavit process if the qualifying probate property is worth no more than $208,850, a figure the Judicial Council adjusts every three years.5 Assets that pass outside probate automatically, such as jointly held property, life insurance with a named beneficiary, and living-trust assets, do not count toward that limit.
If the probate estate is larger than the threshold and the assets are not held in a way that avoids court, formal probate is generally required. A typical trigger is a solely owned home, because California real estate values push most estates that contain a house well past the small-estate cutoff.
The formal probate process step by step
Formal probate begins when someone files a Petition for Probate with the superior court in the county where the decedent lived.3 From there the case moves through a defined sequence:
- Petition and hearing. The court sets a hearing, and notice is published in a newspaper and mailed to heirs and beneficiaries.
- Appointment of the personal representative. The court appoints an executor (named in the will) or an administrator (if there is no will) and issues Letters that give that person authority to act.
- Inventory and appraisal. The representative lists every probate asset, and a court-appointed probate referee appraises the non-cash items.
- Creditor claims and debts. Creditors are notified and given a statutory window to file claims. Valid debts, taxes, and expenses are paid from the estate.
- Final distribution. The representative petitions the court to approve a final accounting and to authorize distribution to the beneficiaries, after which the estate is closed.
The personal representative
The personal representative is the person the court puts in charge. Their duties include securing assets, notifying creditors, filing tax returns, keeping records, and eventually distributing the estate.4 It is a fiduciary role, meaning the representative must act in the estate's best interest and can be held personally responsible for mistakes. In exchange for that work, California law entitles the representative to statutory compensation, and the same schedule separately compensates the estate's attorney.2
The statutory probate fee schedule (Probate Code 10810)
This is where California probate gets expensive. Probate Code Section 10810 sets attorney and personal-representative compensation as a percentage of the gross value of the estate, not the net value.1 Gross means before subtracting debts, so a home is valued at its full appraised price even if it carries a large mortgage.
| Portion of the gross estate | Statutory rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | A reasonable amount set by the court |
Worked example on a $600,000 gross estate: 4% of the first $100,000 is $4,000, 3% of the next $100,000 is $3,000, and 2% of the remaining $400,000 is $8,000, for a statutory total of $15,000 to each of the representative and the attorney.
How long California probate takes
Even a straightforward, uncontested California probate rarely closes in under nine months, and many cases run twelve to eighteen months or longer. The delays come from crowded court calendars in counties such as Los Angeles and San Diego, the mandatory creditor-claim period, the wait for the probate referee's appraisal, and the need for a second court hearing to approve distribution. If anyone contests the will or the accounting, the case can stretch for years.
Why so many Californians plan to avoid it
Slow timelines plus fees charged on the gross estate are exactly why avoiding probate is a mainstream goal in California, far more so than in states with cheaper, faster systems. Tools such as a revocable living trust, a transfer on death deed, and beneficiary designations can move assets to your heirs without a court case. Our guide on how to avoid probate in California covers each option, and our explainer on the California living trust looks at the single most effective tool for larger estates.
Probate is also the default that takes over when there is no valid will at all, distributing your estate under the intestacy statutes rather than your wishes. You can see how that split would look using our California intestate succession calculator, and read more in our guide to dying without a will in California. The surest way to keep control is to write your own will: our California will builder walks you through it step by step.
Frequently Asked Questions
Is probate always required in California? No. Estates whose probate assets fall under the small-estate threshold ($208,850 for deaths on or after April 1, 2025) can use a simplified affidavit, and assets held in a trust or with named beneficiaries skip probate entirely.
How much does probate cost in California? The statutory attorney and representative fees under Probate Code 10810 are a percentage of the gross estate, and both the representative and the attorney are entitled to that amount, so a $600,000 estate typically incurs around $30,000 in combined statutory fees before other costs.
How long does California probate take? A simple, uncontested case usually takes nine to eighteen months. Contested matters can take several years.
Can a will avoid probate? No. A will directs how the probate court distributes your estate, but it does not skip probate. Avoiding probate requires trusts, beneficiary designations, or other non-probate transfers.
Sources
- 1California Probate Code Section 10810 (statutory attorney and representative fees) (leginfo.legislature.ca.gov)
- 2California Probate Code Section 10800 (compensation of the personal representative) (leginfo.legislature.ca.gov)
- 3California Probate Code Section 8000 (petition for probate) (leginfo.legislature.ca.gov)
- 4California Courts Self-Help: Probate (selfhelp.courts.ca.gov)
- 5California Courts Self-Help: When formal probate may not be needed (selfhelp.courts.ca.gov)
About the author
Max Kuch
Max Kuch writes about estate planning, wills and inheritance for California Will Template. He gathers the rules from the California statutes and the leading public data, then explains them in plain, accessible language so anyone can put their wishes in writing.