Key Takeaways
Losing a loved one is challenging enough without navigating California's complex probate system. Whether you're an executor named in a will or a family member handling an intestate estate, understanding how to start probate in California saves time, money, and considerable stress.
This comprehensive guide breaks down California's 2025 probate requirements—including significant changes from Assembly Bill 2016 that dramatically raised simplified procedure thresholds.
You'll learn exactly what documents to file, which deadlines matter most, how costs are calculated, and whether your estate qualifies for alternatives to formal probate. From initial petition to final distribution, this checklist ensures you complete each step correctly and efficiently.
Probate administration is California's court-supervised process for settling a deceased person's estate. Understanding what probate is and how courts oversee it helps families navigate this legal requirement efficiently.
Probate is a court-supervised legal process that manages and distributes a deceased person's assets. The process validates the will, appoints a personal representative, pays debts and taxes, and distributes remaining assets to beneficiaries. California Probate Code Division 7 (Sections 7000-12591) governs estate administration.
This legal framework ensures the decedent's financial affairs are properly settled and legal title to property transfers to the correct individuals. Without probate, assets cannot legally change ownership, leaving heirs unable to access or sell inherited property.
California's 58 counties each operate a Superior Court with a dedicated probate division handling estate administration. The court oversees the entire process, ensuring the personal representative follows legal requirements and protects beneficiaries' interests.
Courts resolve disputes, approve asset distributions, and verify debts are properly paid before closing the estate. This judicial oversight provides creditor protection and legal certainty for all parties involved.
Starting probate requires specific forms, notices, and court filings submitted on strict deadlines. Missing documents or late filings delay the process and increase costs. This checklist covers the three categories of required paperwork.
The Petition for Probate (Form DE-111) formally opens the case and costs $435 to file. Within 30 days of death, deliver the original will to the Superior Court clerk in the county where the decedent lived. Attach a certified death certificate to the petition.
File Form DE-147 (Duties and Liabilities of Personal Representative) with your petition. If the will was witnessed, include Form DE-131 (Proof of Subscribing Witness). For handwritten wills, submit Form DE-135 (Proof of Holographic Instrument). Fee waivers are available for financial hardship.
Mail Notice of Petition to Administer Estate (Form DE-121) to all heirs, beneficiaries, and creditors at least 15 days before the hearing. A third party—not the petitioner—must handle the mailing and file proof of service with the court.
Publish the notice in a local newspaper for three consecutive weeks. Newspaper fees range from $200-$500+ but are reimbursable from estate funds. File proof of publication with the court before the hearing.
Submit the Petition for Letters of Administration or Testamentary to request appointment as personal representative. Three weeks before the hearing, file the proposed Order for Probate (Form DE-140), proposed Letters (Form DE-150), and bond documentation if required.
Form DE-111(A-3c) allows beneficiaries to waive the bond requirement, saving 0.5-1% of estate value annually. Two weeks before the hearing, check the court's website for Probate Notes—examiner feedback requiring corrections before approval.
Not every estate requires formal probate. Estate value and asset types determine whether you can use simplified procedures or must go through full court supervision. Understanding these thresholds saves time and money.
Full probate is required when personal property exceeds $208,850 or a primary residence exceeds $750,000 (for deaths on or after April 1, 2025). Assembly Bill 2016 created a separate $750,000 category specifically for primary residences, allowing combined estates of nearly $1 million to avoid formal probate. Before April 2022, the threshold was only $166,250 for all property.
Several assets bypass probate entirely: living trusts, joint tenancy property, accounts with designated beneficiaries (life insurance, 401(k)s, IRAs), and payable-on-death or transfer-on-death accounts. Military pay and employment compensation under $20,875 are also exempt.
California's intestate succession laws dictate asset distribution when someone dies without a will. A surviving spouse receives everything if there are no children. With one child, the spouse gets half and the child gets half. Multiple children split two-thirds equally while the spouse receives one-third.
If no spouse or children survive, assets pass to parents, then siblings, then more distant relatives. The court appoints an administrator following the same priority order: surviving spouse first, then children, grandchildren, and other relatives.
Formal probate is necessary for estates with significant assets, real property, or complex financial situations when no trust exists. Business assets, international property, and complex financial instruments require court supervision. Insolvent estates needing creditor protection and will contests also demand full probate proceedings.
AB 2016's increased thresholds particularly benefit family-owned construction companies, agricultural properties, service businesses, and working families—groups with substantial assets but limited liquid capital. These estates can now use simplified procedures that previously required expensive formal probate.
California probate follows five major steps from filing to final distribution. Each step has specific deadlines and requirements that must be met to close the estate properly.
The petitioner files Form DE-111 in the county where the decedent lived. If the decedent lived outside California but owned California property, file in the county where the property is located. The clerk stamps the forms and assigns a hearing date and department number.
Initial hearings typically occur 2-3 months after filing, though Orange County processes cases faster at 5-6 weeks. This filing officially opens the probate case and starts the court supervision process.
The judge appoints the personal representative at the initial hearing. If a will names an executor, the court appoints that person. Without a will, the court appoints an administrator—usually a close family member following statutory priority.
The petitioner should attend the hearing to answer any judge questions. If the petition, notice, and publication are complete and correct, the judge grants the petition and issues Letters authorizing the personal representative to act.
Within four months of receiving Letters, file Inventory & Appraisal (Form DE-160) listing all estate assets. The court-appointed probate referee values non-cash assets and charges 0.1% of estate value ($75 minimum, $10,000 maximum). A $500,000 estate pays approximately $500 in referee fees.
Within 90 days of receiving Letters, notify government agencies (Franchise Tax Board, Department of Health Services, Victims Compensation Board) and consult a tax professional about obtaining an IRS tax ID number. The personal representative must secure all assets including real estate, bank accounts, and personal property.
Within four months of receiving Letters, mail Notice of Administration to Creditors (Form DE-157) to all known and reasonably ascertainable creditors. This triggers a four-month claim period. Creditors have four months from Letters issuance or 60 days from receiving notice—whichever is later—to file claims.
Respond to each creditor claim within 30 days using Form DE-174 (Allowance or Rejection of Creditor's Claim). Pay all valid debts and taxes before distributing assets to beneficiaries. If the estate is insolvent, California law specifies the priority order for debt payment.
Between 1-1½ years after receiving Letters, file the final accounting and petition for final distribution. Serve Notice of Hearing (Form DE-120) at least 15 days before the final hearing. The judge reviews the accounting and approves the distribution plan.
After court approval, distribute assets to beneficiaries and obtain signed receipts. If all beneficiaries sign a waiver of accounting or acknowledgment of receipt, formal accounting is not required. Once distribution is complete, file for final discharge to close the estate.
Probate costs typically consume 5-7% of the gross estate value, while the process takes 9-18 months on average. Understanding these expenses and timelines helps families budget appropriately and set realistic expectations.
California uses statutory percentage fees for both the personal representative and attorney. Each receives 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9 million, and 0.5% on the next $15 million. A $500,000 estate pays $13,000 to each party—$26,000 combined. A $1 million estate pays $23,000 each—$46,000 combined.
Fees calculate on gross estate value, not net equity. A $500,000 house with a $400,000 mortgage counts as $500,000 for fee purposes. Additional costs include court filing fees ($435+), publication ($200-500), probate referee (0.1% of estate value), and bond premiums if required (0.5-1% annually). Total costs for a $500,000 estate range from $30,235-34,735. Statutory fees aren't paid until case closure—typically 9-18+ months. Courts may approve extraordinary service fees for will contests, litigation, complex tax matters, property sales, or business valuations.
Probate typically takes 9-18 months but varies by estate complexity. Simple estates with valid wills, clear beneficiaries, and liquid assets close in 9-12 months. Typical estates requiring property sales or handling creditor claims take 12-18 months. Contested estates with will challenges, litigation, or complex assets extend to 18-36+ months.
The process divides into three phases. Opening (months 1-2) runs from filing to receiving Letters—2-3 months in most counties, 5-6 weeks in Orange County. Administration (months 2-9) includes four-month deadlines for Inventory & Appraisal and Notice to Creditors, plus the four-month creditor claim period. Closing (months 9-18+) requires final accounting 1-1½ years after Letters, followed by the final hearing and asset distribution.
Will contests, creditor disputes, and family disagreements significantly extend timelines and increase costs requiring extraordinary service fees. Complex assets like businesses, multiple properties, or out-of-state real estate (requiring ancillary probate) add months to the process. Tax disputes, missing heirs, and insolvent estates create additional delays.
County processing speeds vary considerably. Orange County processes initial hearings fastest at 5-6 weeks, with examiner review 3-4 weeks before hearings. Los Angeles and San Diego take 2-3 months for initial hearings, with examiner review 2-4 weeks prior. Court calendar backlogs, incomplete documentation, and personal representative delays compound timing issues.
Three major challenges complicate probate administration: family disputes, complex estate assets, and tax requirements. Each creates delays, increases costs, and requires specialized expertise to resolve properly.
Family disagreements over the decedent's wishes or asset handling delay probate significantly. Interested parties can contest will validity on grounds of lack of capacity, undue influence, or fraud. These disputes require court intervention and extraordinary attorney services at additional cost.
Contested estates extend timelines from the typical 12-18 months to 18-36+ months or longer. Each challenge triggers litigation procedures including discovery, motions, and potentially trial—all generating fees beyond standard statutory compensation. Early mediation often resolves conflicts faster and cheaper than courtroom battles.
Estates with business assets, international property, or complex financial instruments demand specialized expertise and extended administration periods. Business valuations and sales require extraordinary services. Out-of-state real property necessitates ancillary probate—a separate court proceeding in each state where property is located.
California real property sales add 3-6 months to the timeline and require separate court petitions. The Independent Administration of Estates Act (IAEA) may grant full authority to sell without court confirmation, streamlining the process. Without IAEA powers, every real estate transaction needs court approval before closing.
Personal representatives must file the decedent's final personal income tax return and potentially a final estate tax return if the estate earned income. Within 90 days of receiving Letters, consult a licensed tax professional about obtaining an IRS tax identification number and understanding filing requirements.
Estate tax obligations may force asset liquidation to cover payments, complicating distribution timing and beneficiary expectations. Complex tax situations—including estate tax issues, depreciation recapture, or partnership interests—require extraordinary services beyond ordinary probate administration. Tax disputes with the IRS or Franchise Tax Board add months or years to estate closure.
Many estates can avoid formal probate entirely through advance planning or by using California's simplified transfer procedures. These alternatives save thousands in fees and months of court supervision.
Establishing trusts and designating beneficiaries eliminates probate for those assets. Living trusts allow property to pass directly to beneficiaries without court involvement. Assets with named beneficiaries—life insurance policies, retirement accounts (401(k)s, IRAs), and POD/TOD accounts—transfer automatically upon death.
Proper estate planning before death provides the most comprehensive probate avoidance. Once assets are properly titled in a trust or have designated beneficiaries, they bypass probate thresholds entirely and transfer privately without public court records.
Revocable living trusts offer maximum flexibility and probate avoidance. Assets in trust pass directly to beneficiaries without court supervision, statutory percentage fees, or the 9-18 month timeline. Trust administration follows hourly or flat-fee billing rather than percentage-based statutory fees.
Trusts provide privacy—no public court record exists of asset distribution. They avoid probate delays and eliminate the risk of court calendar backlogs. While trusts require upfront setup costs, they typically save far more than formal probate expenses for estates exceeding small estate thresholds.
Joint tenancy with right of survivorship transfers property automatically to the surviving owner. Payable-on-death (POD) bank accounts and transfer-on-death (TOD) investment accounts name beneficiaries who receive assets immediately. Lifetime gifts reduce estate value below probate thresholds.
California's 2025 small estate procedures offer powerful alternatives. Personal property under $208,850 transfers via affidavit (§13100)—no court filing required, completed in weeks. Primary residences valued at $750,000 or less qualify for simplified petitions (§13151) costing $2,400-6,000 versus $30,000+ for formal probate. Spousal property petitions (§13500) have no dollar limit and work for estates of any size. These procedures can be combined strategically—using §13600 for final wages ($20,875), §13500 for community property, §13151 for a primary residence ($750,000), and §13100 for remaining personal property ($208,850). Combined, over $1 million in assets can transfer without formal probate, saving $24,000-32,000+ in fees and 6-12 months of time.
Not every estate needs an attorney—small estate procedures often work without legal representation. When formal probate is required or the estate is complex, choosing experienced counsel saves time and money.
Look for attorneys with substantial California probate experience handling estates similar in size and complexity to yours. They should understand county-specific procedures—Los Angeles, Orange, and San Diego each have different local rules. Verify they can clearly explain statutory fee structures and have experience with extraordinary services like will contests, complex asset valuations, or business sales if your estate requires them.
Research online, check reviews, and seek referrals from trusted sources. Consider whether you need an attorney at all—small estate procedures under §13100, §13151, and §13500 often don't require legal representation. Many families pay for a single consultation to answer specific questions while self-representing. California Courts Self-Help Center provides extensive free resources at selfhelp.courts.ca.gov/probate.
Ask about fee structures—statutory percentage versus flat fee versus hourly. Confirm the expected timeline for your specific estate type. Verify experience with estates similar to yours and knowledge of local court rules. Most importantly, post-AB 2016, ask whether alternatives to formal probate exist for your situation. Request estimates for potential extraordinary services and confirm they can identify if you qualify for simplified procedures under §13151 (primary residence up to $750,000) or other small estate options.
Navigating California probate doesn't have to be overwhelming. While this guide provides comprehensive information, every estate presents unique challenges requiring careful attention to deadlines, forms, and county-specific procedures.
Whether you're considering self-representation for a small estate or need guidance through complex formal probate, Parker Law Offices brings decades of California probate experience to your case. Our attorneys understand the latest AB 2016 changes, county-specific local rules, and cost-saving strategies that protect your family's interests.
Don't risk costly mistakes or missed deadlines. Contact Parker Law Offices today for a consultation to determine the most efficient path forward for your estate—whether that's simplified procedures or full probate administration.
