Tools for Settling an Estate in California

After a death in California, the estate either qualifies for the simplified procedure for estates under $208,850 or goes through probate, where creditors have 4 months to file claims after notice.

All Planning ahead Settling an estate

25 tools for California

How Much Does Probate Cost?

Probate on a $500,000 estate in California costs an estimated $27,235. Attorney fees are statutory (set by law).

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How Much Can an Executor Charge?

California sets executor compensation by statute — about $13,000 on a $500,000 estate, roughly 2.6%.

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Who Inherits Without a Will?

California is a community property state, so the surviving spouse already owns half of what the couple acquired during the marriage. Without a will in California, descendants divide what passes to them per capita with representation, and an heir must survive the decedent by 120 hours to inherit.

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What's Fair Trustee Compensation?

In California, trustee compensation follows "reasonable compensation" (UTC § 708 or equivalent) unless the trust instrument sets a different amount.

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How Much Are Estate & Inheritance Taxes?

California levies no estate or inheritance tax; only the federal estate tax applies above $15,000,000.

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How Many Death Certificates Do I Need?

In California, certified death certificates come from the California Department of Public Health - Vital Records; the first copy costs $26.

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Do I Need Probate?

In California, estates valued at $208,850 or less skip probate with the Small Estate Affidavit, 40 days after death.

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What Taxes Apply to My Inheritance?

California imposes no inheritance or estate tax; probate assets arrive when the estate closes, 9 months to 12 months for a simple estate.

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How Does Step-Up in Basis Work?

Inherited assets in California take a basis reset to fair market value on the date of death, and the gain on a later sale faces ordinary income tax at the state's regular rates.

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What Are the Estate Laws in My State?

Probate on a $500,000 estate in California costs an estimated $27,235 and takes 9 months to 12 months for a simple estate, with attorney fees set by statute as a percentage of the gross estate. Estates under $208,850 can use a small-estate procedure instead.

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What Are the Burial and Cremation Laws in My State?

California allows you to name your own agent in a signed, written document, and that designation takes priority over the statutory order of next of kin who otherwise control disposition of the remains.

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How Do I Sign Estate Documents?

Find witness, notary, and remote signing requirements for all 50 states.

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Will My Estate Documents Transfer?

Check if estate planning documents signed in one state are valid in another.

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Can I Self-File Probate?

In California, informal probate is not available, so self-filing means a formal court petition rather than a registrar filing.

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How Do I Get Appointed as Executor?

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 court.

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What Are the Creditor Claim Deadlines?

In California, creditors have 4 months from the personal representative's appointment to present claims; late claims are barred.

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What Happens When an Estate Is Insolvent?

When an estate owes more than it holds, California pays the claims in 7 classes in statutory order, beginning with administration expenses.

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How Do I Open an Estate Account When Someone Dies?

Compare estate-account opening requirements bank by bank: channels, required documents, and steps.

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How Do I Open a Trust Account at My Bank?

Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.

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When Do I Have to Withdraw an Inherited IRA?

See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.

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Settling an estate in California means gathering the assets, notifying creditors, paying debts and taxes, and distributing what remains to the beneficiaries. Assets in a living trust settle privately without the court. An estate that needs probate takes 12 months to 18 months on average, and the creditor claim period of 4 months is the floor. In a probate case the inventory of estate assets is due within 120 days of appointment, and California requires a court-appointed appraiser.

California uses Petition for Probate (DE-111), filed with the Superior Court of California. Superior Court clerk issues Letters Testamentary or Letters of Administration after the court grants the petition.

The creditor claim period of 4 months runs from the personal representative's appointment. Distributing assets before the period has run can leave the executor personally liable for a claim that arrives later.

California sets executor compensation by statute — about $13,000 on a $500,000 estate, roughly 2.6%. The fee applies to the gross value of the probate estate; executors and beneficiaries may agree to a different amount, but the schedule is the default. Executors can waive the fee entirely or accept a reduced amount.

Settling a trust in California starts when the successor trustee accepts the role: the trustee obtains death certificates and an EIN for the now-irrevocable trust, notifies the beneficiaries within 60 days, takes inventory of the trust assets, settles the grantor's debts and taxes, and distributes what remains under the trust terms. The process runs privately, without probate court supervision.

Tools for Settling an Estate in California

The tools on this page cover an administration from the first week to the last distribution. The first weeks are the death certificate count, the burial and cremation rules, and whether the estate needs probate at all. The executor tools follow the court track: what probate costs and how long it takes, whether the estate can be self-filed and at which county court, the creditor claim deadlines, what an executor can charge, how an estate account is opened at a specific bank, and what happens when the estate cannot pay its debts. The trustee tools cover the settlement of a trust and the trustee's compensation.

California sets executor compensation by statute — about $13,000 on a $500,000 estate, roughly 2.6%. In California, the inventory is due within 120 days of appointment, the personal representative is discharged by court order, and a simple estate closes in 9 months to 12 months.

SimplyTrust Editorial·Updated September 15, 2026

Legal Sources

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Data sourced from California statutes and official state code. How we research.