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.
Probate costs in California typically include attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source, roughly 5% of estate value, varying with complexity. Estimate executor compensation separately with the California executor fee calculator.
California intestacy law decides. As a community property stateCal. Prob. Code § 6401Verified Sep 10, 2026View source, California distinguishes community property (acquired during the marriage) from separate property (owned before it, or received as a gift or inheritance), and the surviving spouse's share differs for each. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Issue of the parents; Grandparents and their issue; Issue of a predeceased spouse; Next of kin; Parents of a predeceased spouse and their issue; The State of CaliforniaCal. Prob. Code § 6401Verified Sep 10, 2026View source.
No. California imposes no state estate tax and no 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, on an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source, an exemption the One Big Beautiful Bill Act (P.L. 119-21 §70106) set permanently from 2026 and indexes for inflation.
A will in California costs what the provider charges. An online service runs $0 to $299 up front. An attorney in California charges around $443Clio Compare Lawyer Rates, California: Wills and Estates rate (2025 data)Verified Oct 15, 2026View source an hour for wills and estates, which puts a simple will at $1,329Estimate: 3 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,658Estimate: 6 hours at $443, Clio's California Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source. The document is only part of the cost: probate adds about $27,235Cal. Prob. Code § 10810Verified Sep 8, 2026View source on a $500,000 estate in fees the heirs pay later.