How Probate Works in California

Does California require probate?

Yes, but many estates can avoid it. California offers a small estate affidavit for personal property under $208,850 and, as of April 2025, a simplified court process for primary residences under $750,000.

If most assets have beneficiary designations, are jointly owned, or are held in a trust, probate may not be necessary at all.

Full probate is required when the estate includes assets titled solely in the deceased person's name that exceed these thresholds. The process typically takes 12 to 18 months and can run longer for complex or contested estates.

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What court handles probate in California?

Probate cases in California are filed with the Superior Court in the county where the deceased person lived. If the deceased owned real estate in a different county, the case is still filed in the county of residence.

The probate petition must be filed within 30 days of learning of the death (California Probate Code § 8001). After filing, the court schedules a hearing 30 to 45 days later to appoint the personal representative.

Notice of the hearing must be published in a local newspaper and sent to all heirs and beneficiaries within 15 days of filing.

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Small estate threshold

Estates with personal property valued at $208,850 or less can bypass probate using a small estate affidavit (California Probate Code § 13100). This threshold was updated effective April 1, 2025, and is adjusted periodically for inflation.

Key rules for the affidavit:

• Only personal property counts toward the threshold. Real estate is excluded from the calculation.
• You must wait at least 40 days after the death before using the affidavit.
• No court filing is required. You present the affidavit directly to the bank, brokerage, or other institution holding the asset.
• Assets held in a trust, jointly owned property, and accounts with named beneficiaries do not count toward the $208,850 limit because they already bypass probate on their own.

If the estate includes real property but no other assets above the threshold, a separate court petition (Petition to Determine Succession to Property) is required for the real estate. This is a shorter process than full probate.

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Simplified transfer for primary residences (AB 2016)

Effective April 1, 2025, Assembly Bill 2016 created a new simplified process for transferring a deceased person's primary residence without full probate. The home must meet these requirements:

• The death occurred on or after April 1, 2025
• The property was the deceased person's primary residence
• The home's gross value is less than $750,000

The process uses a Petition to Determine Succession to Real Property, which requires some court involvement (including a probate referee appraisal and signatures from all heirs) but is significantly faster and cheaper than full probate.

This provision does not increase the general small estate affidavit limit. It is a separate pathway specifically for the primary residence.

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What if there is no will?

When someone dies without a will in California, the estate follows the state's intestate succession laws. Distribution depends on family structure:

• Spouse, no children. The surviving spouse inherits all community property and all separate property.
• Spouse and children (all shared). The surviving spouse inherits all community property. For separate property, the spouse gets one-third to one-half depending on the number of children.
• Spouse and children from a prior relationship. The surviving spouse inherits all community property. Separate property is split between the spouse (one-third to one-half) and the children.
• Children, no spouse. Children inherit everything equally.
• No spouse or children. Assets pass to parents, then siblings, then more distant relatives.

California does not recognize common-law marriage. Unmarried partners do not inherit under intestacy laws regardless of how long the couple lived together.

For a broader overview, see our guide on handling an estate without a will.

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What makes California different?

Community property

California is one of nine community property states. Property acquired during the marriage is generally owned equally by both spouses.

When one spouse dies, the surviving spouse already owns their half of community property outright. The deceased spouse's half follows the will or intestacy rules.

In practice, the surviving spouse often keeps all community property without going through probate, especially if the assets are held in joint accounts or a community property trust.

Statutory attorney fees

Unlike most states, California sets probate attorney fees by statute (Probate Code §§ 10810-10811). Fees are calculated as a percentage of the estate's gross value (not net):

Estate Value	Statutory Fee
First $100,000	4% ($4,000)
Next $100,000	3% ($3,000)
Next $800,000	2%
Next $9,000,000	1%
Next $15,000,000	0.5%

For a $500,000 estate, the statutory attorney fee is $13,000. The personal representative is entitled to the same fee schedule. Both fees come from estate assets.

These fees are based on the gross value of the estate before debts. A home with $400,000 in equity but a $200,000 mortgage generates fees based on the full $600,000 value.

This is one reason many Californians use living trusts to avoid probate.

High small estate threshold

California's $208,850 small estate affidavit threshold is among the highest in the country, and the new $750,000 primary residence provision means that many middle-class estates can now avoid probate entirely.

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Creditor claims

After probate is opened, creditors have four months from the date the personal representative is appointed to file claims. Known creditors must be notified directly. Unknown creditors are notified through newspaper publication.

If no probate is opened, creditors have one year from the date of death to file claims.

For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in California.

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