For anyone planning an estate in California or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under California law.
36 tools for California
Probate in California takes 9 months to 12 months for a simple estate and charges attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; assets held in a revocable trust skip both.
California authorizes transfer on death deedsCal. Prob. Code 5600-5698Verified Jul 15, 2026View source: a recorded, revocable deed that passes real property at death outside probate.
California allows a transfer-on-death beneficiary designation on a vehicle titleCal. Veh. Code §§ 4150.7, 5910.5 (vehicles); §§ 9852.7, 9916.5 (vessels)Verified Aug 25, 2026View source, filed through the California Department of Motor Vehicles (DMV).
In California, informal probate is not availableCal. 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, so self-filing means a formal court petition rather than a registrar filing.
In California, the Superior Court of California appoints the personal representative and the Superior Court clerk issues 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.
In California, 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; late claims are barred.
When an estate owes more than it holds, California pays the claims in 7Cal. Prob. Code § 11420Verified Sep 23, 2026View source classes in statutory order, beginning with administration expenses.
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
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.
Estimate the fair market value of household items for probate and see how it affects fees.
In California, a will-based plan pays probate attorney fees set by statute as a percentage of the gross estateCal. Prob. Code § 10810Verified Sep 8, 2026View source; a funded revocable trust keeps those assets out of probate and off that fee.
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 Sep 15, 2026View source to present claims; a simple estate closes in 9 months to 12 months.
Settling a trust in California happens outside court: the trustee acts under the state's trust statuteCal. Prob. Code § 15000 et seq.Verified Jul 15, 2026View source, notifies the beneficiaries within 60 daysCal. Prob. Code §§ 16061.7, 16061.8, 16064, 16460Verified Sep 15, 2026View source, then pays the debts and distributes under the trust's terms.
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.