California Inheritance: Plan an Estate or Settle One

California has not adopted the Uniform Probate Code, has not enacted the Uniform Trust CodeCal. Prob. Code § 15000 et seq.Verified Oct 17, 2026View source, and has not adopted the Uniform Power of Attorney ActCal. Prob. Code §§ 56, 4053, 4120, 4121, 4122, 4123, 4124, 4127, 4128, 4129, 4130, 4150, 4152, 4200, 4230, 4264, 4300, 4401, 4402, 4450, 4451, 4452, 4453, 4455, 4456, 4457, 4459, 4461, 4462, 4463, 4464, 4465; Cal. Civ. Code §§ 1095, 1189, 1556, 2356, 2933; Cal. Fam. Code § 6500; AB 2199 (Stats. 2026, ch. 47) §§ 4401, 4466 eff. 2027-01-01 per Cal. Const. art. IV § 8(c)(1); verified against leginfo.legislature.ca.gov 2026-07-14, re-verified 2026-09-18; Cal. Prob. Code §§ 3, 872, 879.1, 879.2, 4054, 4409 and Stats. 2024, ch. 799 (SB 1458) read 2026-10-11Verified Sep 18, 2026View source.

Probate of a simple estate in California runs 9 months to 12 months; an average estate takes 12 months to 18 months. The court filing fee is $435Cal. Gov. Code §§ 70650(a), 70602.5, 70602.6Verified Sep 8, 2026View source; attorney fees are statutory (set by law)Cal. Prob. Code § 10810Verified Sep 8, 2026View source. On a $500,000 estate the estimated total comes to $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source. The personal representative must post a bondCal. 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, which the will may waiveCal. 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.

Certified death certificates come from the California Department of Public Health - Vital RecordsCalifornia Department of Public Health - Vital RecordsVerified Oct 15, 2026View source at $26California Department of Public Health - Vital RecordsVerified Oct 15, 2026View source a copy. Processing time: 4-6 weeks at state office; county offices often fasterCalifornia Department of Public Health - Vital RecordsVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 120 daysCal. Prob. Code §§ 8800-8804, 8900-8903Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 3Cal. Prob. Code §§ 9050-9054, 9100-9104, 9150, 9153, 9256, 9353, 11420; CCP § 366.2Verified Oct 18, 2026View source consecutive weeks.

California has no elective shareN/A - Community Property State (Cal. Prob. Code § 100; Cal. Fam. Code § 760)Verified Sep 15, 2026View source for a spouse left out of the will. Property left to a minor under the Uniform Transfers to Minors Act is released at 18 yearsCal. Prob. Code §§ 3920, 3920.5Verified Sep 15, 2026View source of age. California taxes incomeCal. Rev. & Tax. Code §§ 17041, 17043; Cal. Const. art. XIII, § 36(f)(2)Verified Sep 20, 2026View source at a top rate of 13.3%Cal. Rev. & Tax. Code §§ 17041, 17043; Cal. Const. art. XIII, § 36(f)(2)Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: 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.