How Do I Settle an Estate in California?
Settling an estate in California: the personal representative files the estate inventory within 120 daysCal. Prob. Code §§ 8800-8804, 8900-8903Verified Sep 15, 2026View source of appointment; creditors have 4 monthsCal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source to present claims; a simple estate closes in 9 months to 12 months.
Settling an estate in California means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 12 months to 18 months on average, and the creditor claim period of 4 monthsCal. Prob. Code § 9100 — later of 4 months from letters or 60 days from mailed/personal notice of administrationVerified Sep 8, 2026View source is the floor. In a probate case the inventory of estate assets is due within 120 daysCal. Prob. Code §§ 8800-8804, 8900-8903Verified Sep 15, 2026View source of appointment, and California requires a court-appointed appraiserCal. Prob. Code §§ 8800-8804, 8900-8903Verified Sep 15, 2026View source.
California allows estates valued at $208,850Cal. Prob. Code § 13100Verified Sep 8, 2026View source or less to use the Small Estate AffidavitCal. Prob. Code § 13100Verified Sep 8, 2026View source, which avoids full probate administration. The Small Estate Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. The waiting period is 40 daysCal. Prob. Code § 13100Verified Sep 8, 2026View source after death.
The creditor claim period of 4 monthsCal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source runs from the personal representative's appointment. The executor must publish notice in a local newspaperCal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source for 3Cal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source consecutive weeks and send direct notice to known creditorsCal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source. Every claim is barred 12 monthsCal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source after death regardless of notice. Final distribution waits until the period has run.
California requires a bond of the personal representative by defaultCal. Prob. Code §§ 8480 (bond required before letters issued), 8481 (waiver: will provision or all-beneficiary written waiver; court may still require bond for good cause)Verified Sep 8, 2026View source. The requirement can often be excusedCal. Prob. Code §§ 8480 (bond required before letters issued), 8481 (waiver: will provision or all-beneficiary written waiver; court may still require bond for good cause)Verified Sep 8, 2026View source, by a waiver in the will, agreement of the heirs, or court order. A corporate surety's premium runs about 0.5%Cal. Prob. Code §§ 8480 (bond required before letters issued), 8481 (waiver: will provision or all-beneficiary written waiver; court may still require bond for good cause)Verified Sep 8, 2026View source of the bonded amount a year. The bond protects beneficiaries and creditors against mismanagement by the personal representative. The California executor fee calculator covers what the role itself can charge.
In California, a simple estate typically settles in 9 months to 12 months, and an average estate in 12 months to 18 months. An estate with a dispute, a tax issue or an unusual asset runs longer. State procedure sets a practical floor of about 8 monthsCal. Prob. Code §§ 12200, 12201 (statutory one-year/18-month milestone; overall duration otherwise an industry estimate)Verified Sep 15, 2026View source before an estate can close.
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Learn moreForms for Settling an Estate in California
Free forms for settling an estate in California: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
In California, the petition asks the Superior Court of California to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; every appointment goes through the courtCal. Prob. Code §§ 8005 (matters established at the hearing on the petition), 8006 (court admits the will and appoints the personal representative) — California has no registrar/clerk informal probate track; appointment requires a court hearingVerified Sep 8, 2026View source.
Notice to Creditors
In California, the notice to creditors is published for 3Cal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 4 monthsCal. Prob. Code § 9100 — later of 4 months from letters or 60 days from mailed/personal notice of administrationVerified Sep 8, 2026View source from the personal representative's appointment to present claims.
Renunciation of Executor
In California, a person named as executor may renounce the right to serveCal. Prob. Code § 8002(b)(3)Verified Sep 23, 2026View source before anyone is appointed.
Small Estate Affidavit
In California, the Small Estate AffidavitCal. Prob. Code § 13100Verified Sep 8, 2026View source covers estates valued at $208,850Cal. Prob. Code § 13100Verified Sep 8, 2026View source or less, 40 daysCal. Prob. Code § 13100Verified Sep 8, 2026View source after death, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In California, the personal representative files the estate inventory within 120 daysCal. Prob. Code §§ 8800-8804, 8900-8903Verified Sep 15, 2026View source of appointment.
Estate Closing
In California, the personal representative is discharged by court orderCal. Prob. Code §§ 11753, 12250Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in California
Free tools for settling an estate in California: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In California, certified death certificates come from the California Department of Public Health - Vital RecordsCalifornia Department of Public Health - Vital RecordsVerified Oct 15, 2026View source; the first copy costs $26California Department of Public Health - Vital RecordsVerified Oct 15, 2026View source.
Do I Need Probate?
In California, estates valued at $208,850Cal. Prob. Code § 13100Verified Sep 8, 2026View source or less skip probate with the Small Estate AffidavitCal. Prob. Code § 13100Verified Sep 8, 2026View source, 40 daysCal. Prob. Code § 13100Verified Sep 8, 2026View source after death.
Do I Have to File Tax Returns for Someone Who Died?
California requires a final state income tax return for the decedent alongside the federal Form 1040Cal. Rev. & Tax. Code §§ 17041, 17043; Cal. Const. art. XIII, § 36(f)(2)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Do I Do When Someone Dies?
After a death in California, the estate either qualifies for the simplified procedure for estates under $208,850Cal. Prob. Code § 13100Verified Sep 8, 2026View source or goes through probate, where creditors have 4 monthsCal. Prob. Code § 9100 — later of 4 months from letters or 60 days from mailed/personal notice of administrationVerified Sep 8, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
California levies no estate or inheritance taxNo state estate, inheritance, or gift tax; prohibited by Cal. Rev. & Tax. Code § 13301 (voter Prop 6, 1982). California Estate Tax Return no longer required for decedents dying on/after Jan. 1, 2005 (CA State Controller's Office).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
California imposes no inheritance or estate taxNo state estate, inheritance, or gift tax; prohibited by Cal. Rev. & Tax. Code § 13301 (voter Prop 6, 1982). California Estate Tax Return no longer required for decedents dying on/after Jan. 1, 2005 (CA State Controller's Office).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 9 months to 12 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in California take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesCal. Rev. & Tax. Code § 17041(a), (e), (h) — rate schedule; estates/trusts taxed at individual rates; annual bracket indexingVerified Sep 15, 2026View source.
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California Estate Settlement Resources
In-depth guides covering California probate, estate administration, and settling an estate.