How Do I Settle an Estate in California?
Add the estate's financial accounts, insurance, government agencies, digital accounts, and property. The plan compiles each one's process, contacts, and required documents on top of your state's rules - into one document.
Frequently Asked Questions
Settling an estate in California involves gathering assets, notifying creditors, paying debts, and distributing property to beneficiaries. Estates with a living trust typically settle within 6-12 months without court involvement. Estates requiring probate take 12-18 months on average, with a minimum 4-month creditor claim period.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable, progressive slices, on gross estate value — "without reference to encumbrances"), 13100 (personal property affidavit; 40 days; base $166,250), 13200 (real property affidavit; six months; base $55,425 per § 13200(h)(1)), 13151-13152 (primary residence succession, $750,000; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment: April 1 every 3 years; § 890(d) keys the figure to the date of death). Adjusted thresholds taken from the Judicial Council's published § 890(c) list, "Maximum Amounts for Determining Eligibility for Summary Succession Procedures" (https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf): deaths on/after April 1, 2025 — § 13100 = $208,850, § 13200 = $69,625, §§ 13151-13154 = $750,000; deaths 4/1/2022-3/31/2025 — $184,500 / $61,500; next adjustment April 1, 2028. § 8005-8006 (court hearing admits the will and appoints the PR — no informal/registrar track), § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8900-8904 (appraisal; referee appraises all property not self-appraised by the PR under § 8901), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition for administration), §§ 10400, 10500(a), 10501 (IAEA independent administration without court supervision), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-07-14 against leginfo.legislature.ca.gov and courts.ca.gov.Verified Jul 15, 2026 In probate cases, an inventory of estate assets is due within 120 days of appointment and an appraisal is required.Cal. Prob. Code §§ 8800-8804, 8900-8903Verified Jul 13, 2026 The plan turns that sequence into a dated timeline: the accounts and agencies to notify, the inventory and its date-of-death values, the ledger behind the accounting, and who receives what.
California allows estates valued at $208,850 or less to use the Small Estate Affidavit, which avoids full probate administration.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable, progressive slices, on gross estate value — "without reference to encumbrances"), 13100 (personal property affidavit; 40 days; base $166,250), 13200 (real property affidavit; six months; base $55,425 per § 13200(h)(1)), 13151-13152 (primary residence succession, $750,000; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment: April 1 every 3 years; § 890(d) keys the figure to the date of death). Adjusted thresholds taken from the Judicial Council's published § 890(c) list, "Maximum Amounts for Determining Eligibility for Summary Succession Procedures" (https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf): deaths on/after April 1, 2025 — § 13100 = $208,850, § 13200 = $69,625, §§ 13151-13154 = $750,000; deaths 4/1/2022-3/31/2025 — $184,500 / $61,500; next adjustment April 1, 2028. § 8005-8006 (court hearing admits the will and appoints the PR — no informal/registrar track), § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8900-8904 (appraisal; referee appraises all property not self-appraised by the PR under § 8901), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition for administration), §§ 10400, 10500(a), 10501 (IAEA independent administration without court supervision), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-07-14 against leginfo.legislature.ca.gov and courts.ca.gov.Verified Jul 15, 2026 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 days after death. As you enter the estate's assets, the plan totals what is subject to probate and checks it against that limit.
Creditors in California have 4 months from the opening of probate to file claims against the estate.Cal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Jul 13, 2026 The executor must publish notice in a local newspaper for 3 consecutive weeks and send direct notice to known creditors. All claims are barred 1 year after death regardless of notice. No final distribution should occur until this period expires. Enter the date the clock started and the plan works out when the window closes, then holds the distribution and final-accounting steps until it does.
California typically requires a probate bond, but it can be waived if specified in the will.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable, progressive slices, on gross estate value — "without reference to encumbrances"), 13100 (personal property affidavit; 40 days; base $166,250), 13200 (real property affidavit; six months; base $55,425 per § 13200(h)(1)), 13151-13152 (primary residence succession, $750,000; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment: April 1 every 3 years; § 890(d) keys the figure to the date of death). Adjusted thresholds taken from the Judicial Council's published § 890(c) list, "Maximum Amounts for Determining Eligibility for Summary Succession Procedures" (https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf): deaths on/after April 1, 2025 — § 13100 = $208,850, § 13200 = $69,625, §§ 13151-13154 = $750,000; deaths 4/1/2022-3/31/2025 — $184,500 / $61,500; next adjustment April 1, 2028. § 8005-8006 (court hearing admits the will and appoints the PR — no informal/registrar track), § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8900-8904 (appraisal; referee appraises all property not self-appraised by the PR under § 8901), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition for administration), §§ 10400, 10500(a), 10501 (IAEA independent administration without court supervision), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-07-14 against leginfo.legislature.ca.gov and courts.ca.gov.Verified Jul 15, 2026 The bond protects beneficiaries and creditors from executor mismanagement. Bond premiums typically cost approximately 0.5% of the estate value annually.
In California, simple estates typically settle in 9-12 months. Average estates take 12-18 months. Complex estates with disputes, tax issues, or unusual assets can take 18-36 months or longer.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable, progressive slices, on gross estate value — "without reference to encumbrances"), 13100 (personal property affidavit; 40 days; base $166,250), 13200 (real property affidavit; six months; base $55,425 per § 13200(h)(1)), 13151-13152 (primary residence succession, $750,000; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment: April 1 every 3 years; § 890(d) keys the figure to the date of death). Adjusted thresholds taken from the Judicial Council's published § 890(c) list, "Maximum Amounts for Determining Eligibility for Summary Succession Procedures" (https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf): deaths on/after April 1, 2025 — § 13100 = $208,850, § 13200 = $69,625, §§ 13151-13154 = $750,000; deaths 4/1/2022-3/31/2025 — $184,500 / $61,500; next adjustment April 1, 2028. § 8005-8006 (court hearing admits the will and appoints the PR — no informal/registrar track), § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8900-8904 (appraisal; referee appraises all property not self-appraised by the PR under § 8901), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition for administration), §§ 10400, 10500(a), 10501 (IAEA independent administration without court supervision), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-07-14 against leginfo.legislature.ca.gov and courts.ca.gov.Verified Jul 15, 2026 State procedure sets a practical floor of about 8 months before an estate can close.Cal. Prob. Code §§ 12200, 12201 (statutory one-year/18-month milestone; overall duration otherwise an industry estimate)Verified Jul 13, 2026 The plan lays the work out across those months and reorders it around the dates you enter.
An executor (or personal representative) in California is responsible for filing the will with the probate court, inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries. The specific duties depend on whether the estate goes through formal probate or qualifies for simplified procedures. The plan carries each of those duties as a task, with the institution, agency, or office it belongs to attached. See the California executor appointment guide for how to get appointed and begin.
Estate settlement costs in California include court filing fees, attorney fees, executor compensation, publication costs, and potentially a probate bond. On a $500,000 estate, total costs run about $29,735 depending on complexity. Costs you pay out of pocket go on the ledger as reimbursable disbursements, so what the estate owes you back is on the record. Use the California probate calculator for a detailed cost estimate.
California Estate Planning Resources
In-depth guides covering California probate laws, trust requirements, and estate planning strategies.




