California Probate Information

California Probate Guide

Everything you need to know about the probate process in California, including costs, timelines, and requirements.

Community Property State
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Updated for 2026
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Step 1: Enter What You Know

Real estate, bank accounts, investments, personal property

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How Probate Works in California

California probate follows the California Probate Code and is handled by Superior Court. The process includes proving the will, appointing an executor (personal representative), inventorying assets, paying debts and taxes, and distributing assets. California has one of the more extensive probate processes in the U.S.

Important Note for California

California is a community property state. Attorney and executor fees are set by statute based on a sliding scale of estate value.

California Probate Timeline

California probate typically takes 9-18 months, and often longer for complex estates. The mandatory 4-month creditor notification period cannot be shortened. Court dates and required hearings add to the timeline.

Typical Probate Process

1
File Petition
Start
2
Notify Creditors
1-3 Mos
3
Inventory Assets
2-6 Mos
4
Pay Debts
6-9 Mos
5
Distribute
Closing

Small Estate Threshold

Estates valued under $208,850 (for deaths on or after April 1, 2025) may qualify for simplified small estate procedures without formal probate. In addition, under AB 2016, a primary residence valued up to $750,000 may qualify for a simplified court petition instead of full probate.

Uniform Probate Code

Not Adopted

Traditional probate rules apply

Common Questions

Selling a House in California Probate?

In most cases the estate doesn't have to wait for probate to finish before selling real estate — but the rules on executor authority, notices, and court confirmation are state-specific. Learn how probate sales work, what the house costs the estate every month it sits, and whether listing it or selling as-is for cash fits your situation. If you'd like, our team can walk you through it for free.

Looking for Another State?

We have comprehensive probate guides and fee calculators for all 50 states and D.C.

View All State Guides

The information on this page is provided for general educational purposes only and is not legal, tax, or financial advice. Probate laws change and vary by state and by individual circumstances, and we cannot guarantee the completeness or accuracy of the information provided. For advice about your specific situation, consult a licensed attorney in your state.