Key Takeaways
California probate administration guides a deceased person's estate through court supervision, ensuring debts are paid and assets are properly distributed. The process typically takes 9-18 months and costs 5-7% of the estate's gross value. However, not all estates require formal probate. Recent reforms, including AB 2016's dramatic increase of the primary residence threshold to $750,000, offer significant savings for qualifying estates.
This guide explains California probate administration steps, timelines, costs, and alternatives. Understanding your options—whether pursuing formal probate, using small estate procedures, or avoiding probate entirely—helps you make informed decisions and potentially save tens of thousands of dollars in statutory fees.
Probate administration is the legal process California courts use to settle a deceased person's estate. Understanding the basics helps you determine whether probate is necessary and what to expect if you're involved in the process.
Probate is a court-supervised process for managing and distributing a deceased person's assets. The court validates the will (if one exists), appoints a personal representative, ensures debts and taxes are paid, and oversees asset distribution to beneficiaries. This legal framework protects creditors' rights while ensuring proper transfer of property titles to rightful heirs.
Not all estates require formal probate. Whether you need probate depends on the total value of assets and how they're titled. Assets held in living trusts, joint tenancy property, and accounts with designated beneficiaries typically bypass probate entirely.
Understanding basic probate terminology helps navigate the process. A testate estate means the decedent left a valid will, while intestate means they died without one. The executor (named in the will) or administrator (court-appointed when there's no will) serves as the personal representative who manages the estate. The court grants authority through Letters (Form DE-150).
Other key terms include beneficiary (someone who inherits through a will or trust), heir (someone entitled to inherit under state law when there's no will), and probate referee (the court-appointed professional who appraises non-cash assets). The decedent is simply the person who died.
California probate follows six distinct steps from filing the initial petition to closing the estate. The entire process typically takes 9-18 months, though complex cases can extend beyond this timeframe.
Probate begins by filing Form DE-111 (Petition for Probate) in the county where the decedent lived. You must deliver the original will to the court within 30 days of death and pay a $435 filing fee. Additional required forms include DE-147 (Duties and Liabilities), DE-111(A-3c) (Bond Waiver, if applicable), and proof of will forms for attested or handwritten wills.
Notice requirements are strict. Form DE-121 (Notice of Petition to Administer Estate) must be published in a local newspaper and mailed to heirs at least 15 days before the hearing. Publication costs $200-500+ depending on location. An uninvolved adult must handle mailing—petitioners cannot mail notices themselves. Submit proposed Orders (DE-140) and Letters (DE-150) three weeks before the hearing date.
The court holds a hearing to appoint the personal representative and issue authority documents. Hearing timelines vary by county: Orange County schedules hearings fastest at 5-6 weeks, while Los Angeles and San Diego typically take 2-3 months. The court issues Form DE-140 (Order for Probate) officially appointing the representative and Form DE-150 (Letters) granting legal authority to act.
Bond requirements can be waived if the will specifies it or all beneficiaries consent; otherwise, expect annual premiums of 0.5-1% of estate value. County probate examiners review petitions 2-4 weeks before hearings and post notes online identifying defects that must be corrected. Orange County provides the earliest review at 3-4 weeks before hearings. When no will exists, California prioritizes appointment: surviving spouse, then children, then grandchildren, then other relatives.
The personal representative must file Form DE-160 (Inventory and Appraisal) within 4 months of receiving Letters. This deadline is critical—missing it can cause significant delays. The form lists all estate assets and their values as of the date of death.
A court-appointed probate referee appraises all non-cash assets. Referee fees are 0.1% of the estate value with a $75 minimum and $10,000 maximum. For example, a $1 million estate incurs approximately $1,000 in referee fees.
Multiple deadlines govern debt and tax management. Within 4 months of receiving Letters, file Form DE-157 (Notice of Administration to Creditors) with all known creditors. This triggers a 4-month claim period—or 60 days from notice, whichever is later. Respond to each creditor claim within 30 days using Form DE-174 (Allowance or Rejection).
Within 90 days of Letters issuance, notify the Franchise Tax Board, Department of Health Services, and Victims Compensation Board. Obtain a federal tax ID number and file necessary returns during this period. Ongoing responsibilities include paying valid debts, preparing the decedent's final income tax return, and filing estate tax returns if the estate earned income.
Asset distribution typically occurs 1-1½ years after receiving Letters. File a final accounting and petition for final distribution using standard Judicial Council forms or San Diego's local Form PR-165. Beneficiaries can waive the formal accounting by signing either a written waiver or acknowledgment of receipt, which streamlines the process.
Serve Form DE-120 (Notice of Hearing) 15 days before the final hearing—an uninvolved adult must handle service. Review probate examiner notes two weeks before the hearing and correct any identified defects. The judge reviews the accounting, approves the distribution plan, and authorizes final transfers.
The final hearing concludes when the judge approves the accounting and distribution plan. The personal representative then distributes assets to beneficiaries and collects signed receipts documenting each transfer. Once all distributions are complete and receipts obtained, file for final discharge to formally close the estate and release the personal representative from legal duties.
Several complications can extend probate timelines and increase costs substantially. Understanding these potential obstacles helps you prepare for and potentially avoid the most common pitfalls.
Will contests arise when interested parties challenge a will's validity on three primary grounds: lack of testamentary capacity (the decedent wasn't mentally competent), undue influence (someone improperly pressured the decedent), or fraud (the will was forged or the decedent was deceived). These disputes significantly extend probate timelines—often adding 12-24 months—and substantially increase legal costs, sometimes exceeding $50,000 in attorney fees and court expenses.
Ten factors commonly extend probate beyond the standard 9-18 month timeline: (1) will contests or disputes, (2) creditor litigation, (3) complex assets like businesses or out-of-state properties, (4) tax disputes with state or federal agencies, (5) missing or unknown heirs, (6) real property sales requiring separate court petitions, (7) insolvent estates with insufficient assets, (8) court calendar backlogs varying by county, (9) incomplete documentation requiring corrections, and (10) personal representative delays in meeting deadlines.
Each factor can add months to the process. Multiple complications occurring simultaneously can extend probate to 2-3 years or longer, particularly when litigation is involved.
Insolvent estates—where debts exceed assets—follow California's statutory priority order for debt payment. This prioritizes secured creditors, funeral expenses, and administrative costs before unsecured creditors, which often leaves some creditors unpaid.
Complex tax matters may qualify as "extraordinary services" requiring additional court-approved compensation beyond standard statutory fees. Personal representatives must file the decedent's final income tax return and, if the estate earned income through interest or asset sales, separate estate tax returns. Disputes with tax agencies or complex estate tax calculations frequently require specialized accountants or tax attorneys, adding both time and expense to the probate process.
California probate timelines vary significantly based on estate complexity and potential complications. Simple estates may close in 9-12 months, while contested cases can extend beyond three years.
Straightforward probate cases typically complete in 9-12 months. Filing to initial hearing takes 2-3 months, Letters issue the same day or shortly after the hearing, and the administration period spans 6-12 months. More typical estates with minor complications average 12-18 months: 2-3 months to hearing, 9-12 months for administration, and 1-2 months for final distribution.
The San Diego Superior Court officially states probate "can take between 9 months to 1½ years, or longer." This range reflects uncomplicated estates with cooperative beneficiaries, valid wills, and primarily liquid assets requiring minimal court intervention.
Estate complexity determines timeline length. Simple estates (9-12 months) feature valid wills, no contests, clear beneficiaries, and liquid assets only. Primary delays stem from court calendar backlogs and routine administrative processing.
Average estates (12-18 months) involve minor issues, real property sales, some creditor claims, but cooperative beneficiaries. Real estate market conditions, clearing probate examiner notes, and tax return preparation drive delays. Complex or contested estates (18-36+ months) involve will contests, litigation, business interests, tax disputes, or insolvency. These cases face litigation timelines, discovery processes, multiple hearings, and potential appeals—each adding substantial time to resolution.
Strategic estate planning and proper legal guidance significantly reduce probate timelines and costs. Understanding available alternatives helps you avoid lengthy court processes entirely.
Several assets bypass probate automatically: living trusts, joint tenancy property with survivorship rights, accounts with designated beneficiaries (life insurance, 401(k)s, IRAs), and payable-on-death (POD) or transfer-on-death (TOD) accounts. These transfers occur outside court supervision, saving time and money.
Small estate procedures offer simplified alternatives for qualifying estates. Effective April 1, 2025, §13100 allows affidavits for personal property up to $208,850 without court filing. AB 2016 dramatically raised the §13151 primary residence threshold from $184,500 to $750,000—a game-changing increase for California homeowners. Section 13500 spousal property petitions have no dollar limit. Combined, these procedures can transfer approximately $960,000 in assets ($750,000 residence plus $208,850 personal property) through simplified processes.
Small Estate Procedures vs. Formal Probate:
| Feature | Small Estate | Formal Probate |
| Timeline | 2-6 months | 9-18+ months |
| Costs | $0-2,000 typically | $10,000-50,000+ |
| Court supervision | Minimal/none | Extensive |
| Attorney required | No (optional) | Highly recommended |
| Statutory fees | No | Yes (percentage-based) |
The cost difference is substantial. A $500,000 primary residence costs $30,235-34,735 through formal probate but only $2,400-6,000 using AB 2016's §13151 procedure—savings of $24,000-32,000+.
Probate attorneys navigate county-specific procedures and local rules that vary significantly across California. They clear probate examiner notes before hearings, preventing delays from documentation defects. For complex matters—will contests, litigation, tax disputes, business valuations, and real property sales—attorneys handle "extraordinary services" requiring specialized expertise.
Fee structures depend on the proceeding type. Formal probate triggers statutory percentage-based fees for both the attorney and personal representative. However, simplified §13151 procedures are not subject to statutory fees—attorneys can charge flat fees, or clients can self-represent, potentially saving tens of thousands of dollars. For straightforward estates under the small estate thresholds, self-representation becomes a viable option.
Small estate procedures offer substantial savings—often tens of thousands of dollars in avoided statutory fees. AB 2016's reforms make simplified procedures available for estates up to approximately $960,000 by combining the $750,000 primary residence threshold with the $208,850 personal property threshold. Complex estates involving will contests, litigation, or tax disputes benefit from professional legal guidance to navigate extraordinary circumstances requiring specialized expertise.
County-specific procedures vary significantly across California. Understanding your local court's requirements prevents delays:
County-Specific Variations:
| Feature | Los Angeles | Orange | San Diego |
| Filing Location | Multiple courthouses | Costa Mesa only | Multiple courthouses |
| Hearing Timeline | 2-3 months | 5-6 weeks (fastest) | 2-3 months |
| Examiner Review | 2-4 weeks before | 3-4 weeks before (earliest) | 2-4 weeks before |
| Response Form | General supplement | Verified Supplement | PR-177 (standardized) |
| Local Timeline Doc | No | No | Yes (PR-195) |
| Cover Sheet Required | Yes (Rule 4.5) | Varies | Varies |
| Self-Help Resources | Moderate | Extensive | Extensive |
| Key Characteristic | Most formal local rules (Chapter 4) | Centralized, fastest process | Best official timeline documentation |
Typical formal probate takes 9-18+ months and costs approximately 5-7% of gross estate value. Two critical four-month deadlines—Inventory & Appraisal (DE-160) and Notice to Creditors (DE-157)—must be met after Letters issuance. Missing these deadlines causes significant delays. Multiple small estate procedures can be strategically combined to maximize benefits and potentially avoid formal probate entirely.
California provides extensive resources for estate administration. The California Courts Self-Help Center (selfhelp.courts.ca.gov) offers guides for self-represented parties. County-specific probate guides and local forms are available through individual court websites. All Judicial Council forms are available at courts.ca.gov/forms.htm. For county-specific information, visit Los Angeles County at lacourt.ca.gov, Orange County at occourts.org, or San Diego County at sdcourt.ca.gov.
Navigating California probate administration requires expertise in complex court procedures, strict deadlines, and county-specific rules. Parker Law Offices provides experienced legal guidance to help you minimize delays, reduce costs, and avoid costly mistakes during estate administration.
Whether you're facing formal probate, exploring small estate alternatives under AB 2016, or dealing with contested wills and complex assets, our team understands California's probate landscape. We'll help you determine the most cost-effective approach for your situation, meet critical four-month deadlines, and clear probate examiner notes efficiently.
Contact Parker Law Offices today for a consultation to discuss your estate administration needs and learn how we can streamline the probate process.
Common questions about probate costs, requirements, and alternatives help you understand your options and obligations. These answers address the most frequent concerns families face when dealing with estate administration.
Yes, California offers multiple ways to avoid or simplify probate based on estate value and asset type. Small estate procedures provide alternatives to formal probate for qualifying estates:
Small Estate Thresholds (Effective April 1, 2025):
| Probate Code Section | Purpose | Threshold |
| §6602, §6609 | Family allowance/exempt property for spouse and minor children | $107,900 |
| §13050(c) | Excludes certain property (military pay, employment compensation) | $20,875 |
| §13100, §13101 | Small estate affidavit for personal property (no real estate) | $208,850 |
| §13151-13154 | Primary residence transfer | $750,000 |
| §13200 | General real property petition | $69,625 |
| §13600-13601 | Spouse collect deceased's final wages | $20,875 |
AB 2016 dramatically changed California probate by raising the primary residence threshold from $184,500 to $750,000, effective April 1, 2025. This applies only to the decedent's main home in California—not investment properties—and only for deaths occurring on or after April 1, 2025. Before April 1, 2022, the threshold was $166,250. From April 1, 2022 through March 31, 2025, it was $184,500.
Probate Code §890 requires the Judicial Council to adjust these amounts every three years. The last update occurred April 1, 2022, the current update is April 1, 2025, and the next scheduled update is April 1, 2028.
When someone dies intestate (without a will), California's intestate succession laws determine asset distribution. These statutory rules prioritize surviving family members based on relationship to the decedent:
California Intestate Succession (Distribution of Separate Property):
| Surviving Heirs | Distribution |
| Spouse only | All to spouse |
| Spouse and one child | 1/2 to spouse, 1/2 to child |
| Spouse and multiple children | 1/3 to spouse, 2/3 to children (divided equally) |
| Children, no spouse | All to children (divided equally) |
| No spouse or children | To parents, then siblings, then other relatives |
This table applies to separate property only. Community property automatically passes to the surviving spouse. Without any identifiable heirs, the estate eventually escheats to the State of California.
All probate costs are paid from estate funds. California law sets statutory fees for both the personal representative and attorney based on gross estate value, not net value after debts. These fees apply to estates requiring formal probate and were last amended January 1, 2002 under Stats. 2001, Ch. 699.
The statutory fee schedule (Probate Code §10800 & §10810) applies to both the personal representative and attorney: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9,000,000, 0.5% on the next $15,000,000, and a court-determined reasonable amount over $25,000,000.
Combined Fee Examples:
| Estate Value | Personal Rep Fee | Attorney Fee | Combined Total | % of Estate |
| $100,000 | $4,000 | $4,000 | $8,000 | 8% |
| $200,000 | $7,000 | $7,000 | $14,000 | 7% |
| $500,000 | $13,000 | $13,000 | $26,000 | 5.2% |
| $1,000,000 | $23,000 | $23,000 | $46,000 | 4.6% |
| $2,000,000 | $33,000 | $33,000 | $66,000 | 3.3% |
| $5,000,000 | $61,000 | $61,000 | $122,000 | 2.44% |
Beyond statutory fees, estates incur additional costs. For a $1 million estate, expect approximately $51,985 in total costs (5.2% of gross value):
Total Cost Breakdown for $1,000,000 Estate:
| Cost Category | Amount | % of Total | Notes |
| Personal Representative Fee | $23,000 | 44.2% | Statutory percentage |
| Attorney Fee | $23,000 | 44.2% | Statutory percentage |
| Court Filing Fees | $870 | 1.7% | $435 initial + $435 final |
| Publication Fee | $400 | 0.8% | Varies by newspaper/county |
| Probate Referee Fee | $1,000 | 1.9% | 0.1% of $1M estate |
| Bond Premium (if not waived) | $3,500 | 6.7% | ~0.5% of estate value |
| Miscellaneous Costs | $215 | 0.4% | Copies, mail, etc. |
| Total Estimated Costs | $51,985 | 100% | ~5.2% of gross estate value |
Critical calculation point: fees are based on gross estate value, not net equity. A property worth $500,000 with a $400,000 mortgage is valued at $500,000 for fee purposes—not the $100,000 equity. Debts and liens don't reduce the estate value for fee calculations. Fees typically aren't paid until case completion, requiring personal representatives and attorneys to wait 9-18+ months for compensation.
Statutory fees cover "ordinary services": filing petitions, obtaining Letters, preparing inventories, handling routine creditor claims, preparing accounts, and petitioning for final distribution. "Extraordinary services" require additional court-approved compensation and include will contests, litigation, complex tax matters, real property sales, business valuations, and family disputes requiring court intervention.
Statutory fees don't apply to §13151 procedures (primary residences under $750,000), §13100 small estate affidavits, spousal property petitions, or trust administration—each following different fee structures or allowing flat fees and self-representation.
