What Are My Duties as Executor in California?

The probate petition filing fee in California starts at approximately $435.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 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.

California requires the executor to publish notice to creditors in a local newspaper. Known creditors should also receive direct written notice. Creditors have 4 months to file claims.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 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.

California allows estates valued at $208,850 or less to use a Small Estate Affidavit.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 The waiting period is 40 days after death. This avoids the need for formal probate and significantly reduces time and cost.

California has a statutory fee schedule for executor compensation.Cal. Prob. Code § 10800Verified May 31, 2026 Typical executor fees range from 2% to 5% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the California executor fee calculator.

Probate costs in California include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The California probate calculator provides a detailed cost estimate based on estate value.