Do I Need a Lawyer for Probate in California?

Court filing fees in California vary by county.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable, progressive slices, on gross estate value — "without reference to encumbrances"), 13100 (personal property affidavit; 40 days; base $166,250), 13200 (real property affidavit; six months; base $55,425 per § 13200(h)(1)), 13151-13152 (primary residence succession, $750,000; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment: April 1 every 3 years; § 890(d) keys the figure to the date of death). Adjusted thresholds taken from the Judicial Council's published § 890(c) list, "Maximum Amounts for Determining Eligibility for Summary Succession Procedures" (https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf): deaths on/after April 1, 2025 — § 13100 = $208,850, § 13200 = $69,625, §§ 13151-13154 = $750,000; deaths 4/1/2022-3/31/2025 — $184,500 / $61,500; next adjustment April 1, 2028. § 8005-8006 (court hearing admits the will and appoints the PR — no informal/registrar track), § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8900-8904 (appraisal; referee appraises all property not self-appraised by the PR under § 8901), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition for administration), §§ 10400, 10500(a), 10501 (IAEA independent administration without court supervision), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-07-14 against leginfo.legislature.ca.gov and courts.ca.gov.Verified Jul 15, 2026 Self-filing costs typically include the court petition fee, publication costs, and bond premiums. The filing fee is a fraction of total probate costs. See a full breakdown with the California probate calculator.

Simple estates in California typically take 9-12 months.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable, progressive slices, on gross estate value — "without reference to encumbrances"), 13100 (personal property affidavit; 40 days; base $166,250), 13200 (real property affidavit; six months; base $55,425 per § 13200(h)(1)), 13151-13152 (primary residence succession, $750,000; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment: April 1 every 3 years; § 890(d) keys the figure to the date of death). Adjusted thresholds taken from the Judicial Council's published § 890(c) list, "Maximum Amounts for Determining Eligibility for Summary Succession Procedures" (https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf): deaths on/after April 1, 2025 — § 13100 = $208,850, § 13200 = $69,625, §§ 13151-13154 = $750,000; deaths 4/1/2022-3/31/2025 — $184,500 / $61,500; next adjustment April 1, 2028. § 8005-8006 (court hearing admits the will and appoints the PR — no informal/registrar track), § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8900-8904 (appraisal; referee appraises all property not self-appraised by the PR under § 8901), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition for administration), §§ 10400, 10500(a), 10501 (IAEA independent administration without court supervision), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-07-14 against leginfo.legislature.ca.gov and courts.ca.gov.Verified Jul 15, 2026 The 4-month creditor claim period is the minimum timeline. Self-filed probate takes roughly the same time as attorney-filed probate.

California allows Small Estate Affidavit for estates with personal property under $208,850.Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable, progressive slices, on gross estate value — "without reference to encumbrances"), 13100 (personal property affidavit; 40 days; base $166,250), 13200 (real property affidavit; six months; base $55,425 per § 13200(h)(1)), 13151-13152 (primary residence succession, $750,000; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment: April 1 every 3 years; § 890(d) keys the figure to the date of death). Adjusted thresholds taken from the Judicial Council's published § 890(c) list, "Maximum Amounts for Determining Eligibility for Summary Succession Procedures" (https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf): deaths on/after April 1, 2025 — § 13100 = $208,850, § 13200 = $69,625, §§ 13151-13154 = $750,000; deaths 4/1/2022-3/31/2025 — $184,500 / $61,500; next adjustment April 1, 2028. § 8005-8006 (court hearing admits the will and appoints the PR — no informal/registrar track), § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8900-8904 (appraisal; referee appraises all property not self-appraised by the PR under § 8901), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition for administration), §§ 10400, 10500(a), 10501 (IAEA independent administration without court supervision), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-07-14 against leginfo.legislature.ca.gov and courts.ca.gov.Verified Jul 15, 2026 There is a 40-day waiting period. These procedures are simpler than formal probate and well-suited for self-filing.

The primary savings from self-filing come from eliminating attorney fees, which are the largest expense in most probate cases. Court filing fees, publication costs, and executor compensation remain the same whether an attorney is involved or not. The California probate calculator shows the attorney fee component.

The probate process in California typically involves filing the petition, notifying heirs and creditors, inventorying assets, paying debts, and distributing the remaining estate. Each step has specific court requirements and deadlines. The California estate settlement plan outlines every step from filing to final distribution. To start, the California petition for probate prepares the opening petition that requests Letters.