California Resources for Executors

California operates under community property law, one of only nine states to do so. Most assets acquired during marriage belong equally to both spouses regardless of whose name is on the title or who earned the income. This fundamental difference from common law states shapes every aspect of estate planning here, from how property passes at death to what a surviving spouse automatically inherits.

If you die without a will in California, your heirs must survive you by at least 120 hoursCal. Prob. Code § 6403(a)Verified Sep 10, 2026View source to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident. The amount a surviving spouse inherits without a will depends on whether your parents are still alive. If they are, your spouse may have to share the estate with them—a result that surprises many people and underscores why having a will matters.

California sets probate attorney fees by law rather than leaving them to negotiation. Fees are calculated as a percentage of the estate's value, which means you can predict costs in advance—but also means there's little room to shop around for a better rate. Smaller estates can use a simplified affidavit process that avoids full probate—up to $208,850Cal. Prob. Code § 13100Verified Sep 8, 2026View source for personal property or $69,625Cal. Prob. Code § 13100Verified Sep 8, 2026View source for real property. These thresholds are relatively generous compared to other states, potentially saving families significant time and legal fees.

California does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

California provides a statutory homestead exemption protecting up to $370,650 in home equity from creditors. While not as strong as the constitutional protections in states like Texas or Florida, this still provides meaningful protection for the family home. Executors must publish a notice to creditors, who then 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 against the estate. Known creditors must also receive direct written notice.