When Is Probate Required in California?
Answer a few questions to find out if an estate needs full probate, qualifies for simplified procedures, or can avoid probate entirely.
Frequently Asked Questions
California allows a Small Estate Affidavit for estates with personal property valued at $208,850 or less.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable on gross estate value), 13100 (personal property affidavit), 13200 (real property affidavit), 13150-13157 (primary residence succession; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment mechanism: April 1 every 3 years). Small estate thresholds verified against courts.ca.gov self-help page (deaths on/after April 1, 2025: § 13100 = $208,850, § 13200 = $69,625, §§ 13150-13157 primary residence = $750,000; next adjustment April 1, 2028). § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8901-8902 (probate referee appraises all non-cash assets), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition), §§ 10400-10592 (IAEA independent administration), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-05-31.Verified May 31, 2026 There is a 40-day waiting period after the date of death before this procedure can be used.
Real property valued under $69,625 may qualify for simplified transfer procedures in California.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable on gross estate value), 13100 (personal property affidavit), 13200 (real property affidavit), 13150-13157 (primary residence succession; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment mechanism: April 1 every 3 years). Small estate thresholds verified against courts.ca.gov self-help page (deaths on/after April 1, 2025: § 13100 = $208,850, § 13200 = $69,625, §§ 13150-13157 primary residence = $750,000; next adjustment April 1, 2028). § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8901-8902 (probate referee appraises all non-cash assets), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition), §§ 10400-10592 (IAEA independent administration), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-05-31.Verified May 31, 2026 Real property above this amount typically requires formal probate unless it was held in a trust or with right of survivorship.
In California, assets that typically avoid probate include: property in a living trust, accounts with named beneficiaries (retirement accounts, life insurance, POD bank accounts), jointly owned property with right of survivorship, and vehicles with transfer-on-death registration if available. The trust vs. will comparison outlines how a trust helps bypass probate.
In California, simple estates typically take 9-12 months. Average estates take 12-18 months. Complex estates with disputes 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 on gross estate value), 13100 (personal property affidavit), 13200 (real property affidavit), 13150-13157 (primary residence succession; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment mechanism: April 1 every 3 years). Small estate thresholds verified against courts.ca.gov self-help page (deaths on/after April 1, 2025: § 13100 = $208,850, § 13200 = $69,625, §§ 13150-13157 primary residence = $750,000; next adjustment April 1, 2028). § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8901-8902 (probate referee appraises all non-cash assets), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition), §§ 10400-10592 (IAEA independent administration), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-05-31.Verified May 31, 2026 Estimate total costs with the California probate calculator.
Probate costs in California typically include attorney fees, executor fees, court filing fees, and publication costs. Total costs generally range from 3-8% of the estate value depending on complexity. Use the California probate cost calculator for a detailed estimate.
The most common ways to avoid probate in California include creating a revocable living trust, adding beneficiary designations to accounts, titling property as joint tenants with right of survivorship, and using transfer-on-death deeds where available. The trust vs. will comparison compares the two approaches side by side.
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California Estate Planning Resources
In-depth guides covering California probate laws, trust requirements, and estate planning strategies.
