California Probate in 2025: The Complete Guide to Costs, Timeline, Process, and How to Avoid It

Quick Answer: California probate typically costs 4-7% of the gross estate value (approximately $26,000-$46,000 for a $500,000 estate), takes 12-18 months, and requires court supervision for distributing assets. A living trust avoids probate entirely, typically completing asset distribution in 4-8 weeks for a fraction of the cost.

If you're reading this, you're likely in one of two situations: You've just lost a loved one and discovered their estate must go through California probate, or you're trying to plan ahead so your family doesn't face the same fate. Either way, understanding California's probate process—and how to avoid it—is essential for protecting your family's financial future.

As a Glendale probate and estate planning attorney with over 25 years of experience, I've guided hundreds of families through California's probate system. I've also seen the heartbreak when families discover that a simple $575 living trust could have saved them $30,000+ in fees and over a year of court proceedings.

This comprehensive guide covers everything you need to know about California probate in 2025: what it is, how much it costs, how long it takes, the step-by-step process, and—most importantly—how to avoid it altogether.

What Is Probate in California?

Probate is the court-supervised legal process for transferring a deceased person's assets to their heirs or beneficiaries. When someone dies owning property titled in their name alone—without a living trust, joint ownership, or beneficiary designation—that property must go through probate before it can be legally transferred to anyone else.

During probate, a judge oversees the entire process to ensure that the deceased person's debts are paid, taxes are filed, and remaining assets are distributed according to their will (if they had one) or California's intestate succession laws (if they didn't).

What Probate Accomplishes

The probate process serves several important functions: validating the deceased person's will (if one exists), appointing a personal representative (executor or administrator) to manage the estate, identifying and inventorying all assets, notifying and paying creditors, filing final tax returns, and distributing remaining assets to beneficiaries or heirs.

Testate vs. Intestate: What Happens With or Without a Will

Testate (With a Will): If the deceased person had a valid will, they died "testate." The will names an executor to manage the estate and specifies who receives which assets. The probate court validates the will and supervises the executor's actions.

Intestate (Without a Will): If the deceased person had no valid will, they died "intestate." California's intestate succession laws (Probate Code Sections 6400-6414) determine who inherits. The court appoints an administrator (rather than executor) to manage the estate. Assets pass to the closest living relatives in a specific order: surviving spouse, children, parents, siblings, and so on.

Critical Point: Having a will does NOT avoid probate. A will must go through probate to be validated and executed. Only a properly funded living trust avoids probate entirely.

When Is Probate Required in California?

Probate is generally required when a deceased person owned assets titled solely in their name that don't have a beneficiary designation and aren't held in a trust.

Assets That Typically Require Probate

• Real estate (homes, land, rental properties) titled in the deceased person's name alone
• Bank accounts without a payable-on-death (POD) designation
• Investment accounts without a transfer-on-death (TOD) designation
• Vehicles (though California has simplified procedures for these)
• Personal property (jewelry, art, collectibles, etc.)
• Business interests owned individually

Assets That Avoid Probate

• Assets held in a living trust
• Property held in joint tenancy with right of survivorship
• Community property with right of survivorship (for married couples)
• Life insurance with a named beneficiary
• Retirement accounts (401(k), IRA) with a named beneficiary
• Bank accounts with payable-on-death (POD) designations
• Investment accounts with transfer-on-death (TOD) designations
• Real property with a recorded transfer-on-death deed

How Much Does Probate Cost in California in 2025?

California has some of the highest probate costs in the nation. Unlike many states where attorneys charge hourly rates, California law sets "statutory" fees for probate attorneys and personal representatives (executors/administrators) based on a percentage of the estate's gross value.

Important: Fees are calculated on GROSS estate value, meaning debts are NOT subtracted. If your home is worth $800,000 but has a $300,000 mortgage, fees are calculated on $800,000—not $500,000.

California Statutory Probate Fees (2025)

The statutory fee schedule applies to both the attorney AND the personal representative (executor/administrator). Both are entitled to the same fee, meaning you effectively double these amounts for total statutory fees:

• 4% of the first $100,000 of gross estate value
• 3% of the next $100,000 ($100,001 - $200,000)
• 2% of the next $800,000 ($200,001 - $1,000,000)
• 1% of the next $9,000,000 ($1,000,001 - $10,000,000)
• 0.5% of the next $15,000,000 ($10,000,001 - $25,000,000)
• Court-determined "reasonable" fee for estates over $25,000,000

Real-World Fee Calculations

Example 1: $500,000 Estate

• 4% of $100,000 = $4,000
• 3% of $100,000 = $3,000
• 2% of $300,000 = $6,000
• Total per person: $13,000
• Combined statutory fees (attorney + executor): $26,000

Example 2: $1,000,000 Estate

• 4% of $100,000 = $4,000
• 3% of $100,000 = $3,000
• 2% of $800,000 = $16,000
• Total per person: $23,000
• Combined statutory fees (attorney + executor): $46,000

Example 3: $1,500,000 Estate

• 4% of $100,000 = $4,000
• 3% of $100,000 = $3,000
• 2% of $800,000 = $16,000
• 1% of $500,000 = $5,000
• Total per person: $28,000
• Combined statutory fees (attorney + executor): $56,000

Additional Probate Costs Beyond Statutory Fees

Statutory fees are just the beginning. Additional costs include:

Court Filing Fees: Initial petition filing fee is approximately $435. Additional filings add more fees throughout the process.

Publication Fees: Notice must be published in a local newspaper, costing $200-$700 depending on the publication.

Probate Referee Fees: California requires a court-appointed probate referee to appraise non-cash assets. The fee is 0.1% (one-tenth of one percent) of the total appraised value.

Bond Premiums: Unless waived by the will or all beneficiaries, the personal representative must post a surety bond. Annual premiums range from $300-$1,000+ depending on estate size.

Extraordinary Fees: If the attorney or personal representative provides services beyond standard probate duties (such as selling real estate, managing litigation, handling complex tax issues, or tracing missing heirs), the court may approve additional "extraordinary fees" on top of statutory fees.

Total Probate Costs: When all costs are added up, California probate typically costs 4-7% of the total estate value. A $750,000 estate might pay $30,000-$52,500 in total probate costs.

How Long Does Probate Take in California?

California law requires probate to be completed within one year of the personal representative's appointment. However, that's the goal, not the reality. Most California probates take 12-18 months, and complex estates can take 2-3 years or longer.

Typical California Probate Timeline

Week 1-2: Filing and Notice

File Petition for Probate (Form DE-111) with the Superior Court. Publish notice in a local newspaper. Mail notice to all beneficiaries named in the will and all legal heirs.

Week 4-6: First Court Hearing

Judge reviews petition, validates the will (if any), and appoints the personal representative. Court issues Letters Testamentary (if there's a will) or Letters of Administration (if no will), giving the personal representative legal authority to act.

Week 6-8: Bond and Documentation

Personal representative posts bond (if required), obtains certified copies of Letters, and begins gathering assets.

Month 2-4: Inventory and Appraisal

Personal representative must file Inventory and Appraisal (Form DE-160) within 120 days of appointment. This requires identifying all assets, having non-cash assets appraised by the probate referee, and documenting cash balances as of date of death.

Month 4-6: Creditor Claims Period

Creditors have 4 months from the date notice is published (or 60 days from direct notice, whichever is later) to file claims against the estate. Personal representative reviews and approves or rejects claims.

Month 6-12: Administration

Pay valid debts and claims. File final income tax returns for the deceased. File estate income tax returns if required. Manage or sell assets as needed. Prepare final accounting of all transactions.

Month 12-18: Final Distribution

File Petition for Final Distribution with detailed accounting. Obtain court approval of accounting and fees. Distribute remaining assets to beneficiaries. File final receipts with court. Close estate and discharge personal representative.

What Causes Probate Delays?

Several factors can extend probate well beyond 18 months:

• Will contests or challenges to the personal representative
• Disputes among beneficiaries
• Difficulty locating heirs
• Complex assets (businesses, partnerships, unusual property)
• Real estate that must be sold
• Creditor disputes
• Tax issues or audits
• Court backlogs (common in Los Angeles County)
• Incomplete or missing documentation
• Federal estate tax return requirements (adds 6-8 months waiting for IRS response)

The California Probate Process: Step-by-Step Guide

Step 1: File the Petition for Probate

The probate process begins when someone (usually the person named as executor in the will, or a close family member) files a Petition for Probate (Form DE-111) with the Superior Court in the county where the deceased person lived.

The petition must include: the original will (if one exists), a certified copy of the death certificate, information about the deceased person's assets, names and addresses of all heirs and beneficiaries, and the name of the proposed personal representative.

Step 2: Provide Notice to All Interested Parties

After filing, you must give notice of the probate proceeding to all interested parties. This includes publishing a Notice of Petition to Administer Estate in a newspaper of general circulation (required by law), and mailing Notice of Hearing (Form DE-157) to all beneficiaries named in the will and all legal heirs.

Step 3: Attend the First Court Hearing

The first hearing is typically scheduled 30-45 days after filing. At this hearing, the judge reviews the petition, validates the will (if any), and appoints the personal representative. If no one objects and everything is in order, the court issues Letters Testamentary (for executors) or Letters of Administration (for administrators).

Step 4: Post Bond (If Required)

Unless the will waives bond or all beneficiaries consent to waive it, the personal representative must obtain a surety bond before receiving authority to act. The bond amount is typically equal to the estate's value plus expected income.

Step 5: Identify and Secure All Assets

With Letters in hand, the personal representative can access the deceased person's assets. This involves notifying banks and financial institutions, securing real property, collecting personal property, obtaining appraisals for non-cash assets from the probate referee, and filing the Inventory and Appraisal (Form DE-160) within 120 days.

Step 6: Notify and Pay Creditors

Known creditors must be notified directly. Unknown creditors are notified through the published notice. Creditors have a limited time to file claims (4 months from publication or 60 days from direct notice). The personal representative reviews each claim and either approves it for payment or rejects it.

Step 7: Manage the Estate

During administration, the personal representative must manage estate assets prudently, pay ongoing expenses (property taxes, insurance, mortgage payments, utilities), sell assets if necessary to pay debts or make distributions, file all required tax returns (final personal income tax, estate income tax, federal estate tax if applicable), and keep detailed records of all transactions.

Step 8: File Final Accounting and Petition for Distribution

When administration is complete, the personal representative files a Petition for Final Distribution along with a detailed accounting of all estate activity. The accounting must show all assets received, all debts and expenses paid, all income earned, and the proposed distribution to beneficiaries.

Step 9: Court Approval and Distribution

At the final hearing, the court reviews the accounting, approves or adjusts fees, and authorizes distribution. Once approved, the personal representative distributes assets to beneficiaries, obtains receipts, files the receipts with the court, and is formally discharged from their duties.

Executor Duties and Responsibilities in California

Being named as executor (or appointed as administrator) is a significant responsibility. The personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries.

Key Executor Responsibilities

• Locate and secure all estate assets
• Maintain insurance on property
• Open an estate bank account
• Pay ongoing bills and expenses
• Notify creditors and pay valid debts
• File all required tax returns
• Keep beneficiaries informed
• Maintain detailed records of all transactions
• Comply with all court orders and deadlines
• Distribute assets according to the will or intestate law

Personal Liability Warning: Executors and administrators can be held personally liable for mistakes that harm the estate or beneficiaries. This is why many personal representatives hire a probate attorney to guide them through the process.

What Happens If Someone Dies Without a Will in California?

When someone dies without a valid will ("intestate"), California's intestate succession laws determine who inherits. These laws are found in Probate Code Sections 6400-6414.

California Intestate Succession Order

If the deceased was married:

The surviving spouse inherits all community property. The surviving spouse's share of separate property depends on whether there are surviving children, parents, or siblings.

If the deceased was single:

• First priority: Children (or grandchildren if children predeceased)
• Second priority: Parents
• Third priority: Siblings (or nieces/nephews if siblings predeceased)
• Fourth priority: Grandparents
• Fifth priority: Aunts/Uncles (or their descendants)
• Last resort: The State of California (escheat)

New California Probate Laws for 2025

California made significant changes to probate law effective April 1, 2025 that expand options for smaller estates:

New $750,000 Threshold for Primary Residences

Assembly Bill 2016 (AB 2016) allows a deceased person's primary residence valued up to $750,000 to transfer without full probate. Heirs can use a simplified "Petition to Determine Succession to Real Property" process that requires only one court hearing. This applies only to deaths occurring on or after April 1, 2025, and only to the decedent's primary residence—not rental properties, vacation homes, or commercial real estate.

Increased Small Estate Affidavit Threshold

The threshold for transferring personal property without probate increased from $184,500 to $208,850 for deaths on or after April 1, 2025. If the total value of the estate's personal property (excluding real property, assets with beneficiaries, and joint tenancy property) is below this threshold, heirs can use a simple affidavit process.

Trust Termination Threshold Doubled

As of January 1, 2025, trustees can terminate trusts with assets under $100,000 without court approval (previously $50,000). This simplifies administration for smaller trust estates.

Important Limitation: These simplified procedures have restrictions and don't provide the same protections as a living trust. The $750,000 threshold applies only to primary residences—if your estate includes other real property or significant assets, full probate may still be required.

How to Avoid Probate in California: 7 Proven Strategies

The good news: probate is completely avoidable with proper planning. Here are the most effective strategies:

Strategy 1: Create a Living Trust (Most Comprehensive)

A revocable living trust is the gold standard for avoiding California probate. You transfer ownership of your assets into the trust during your lifetime. When you pass away, your successor trustee distributes assets to your beneficiaries without any court involvement.

Benefits: Avoids probate entirely for all assets in the trust. Maintains privacy (trust administration is not a public record). Allows distributions in weeks rather than months or years. Provides for incapacity management. Can include special provisions for minor children, special needs beneficiaries, or asset protection.

Our Living Trust Package: $575 (single) / $675 (married couples) includes complete estate planning documents and deed transfer for your primary residence.

Strategy 2: Joint Tenancy with Right of Survivorship

Property held in joint tenancy automatically passes to the surviving owner(s) without probate. This is common for married couples but can be used with anyone.

Caution: Adding a non-spouse as joint tenant can trigger Proposition 19 property tax reassessment, gift tax issues, and exposes your property to the other person's creditors.

Strategy 3: Community Property with Right of Survivorship

For married couples, this form of ownership provides the step-up in tax basis for the entire property (not just half) while also avoiding probate when the first spouse dies.

Strategy 4: Transfer-on-Death (TOD) Deed

California allows Transfer-on-Death deeds for real property. You name a beneficiary who automatically receives the property upon your death, without probate.

Requirements: Must be properly executed with two non-beneficiary witnesses. Must be notarized. Must be recorded with the county recorder within 60 days of notarization.

Strategy 5: Beneficiary Designations

Certain assets allow you to name a beneficiary who receives the asset directly upon your death. This includes life insurance policies, retirement accounts (401(k), IRA, pension), payable-on-death (POD) bank accounts, and transfer-on-death (TOD) brokerage accounts.

Critical: Review and update your beneficiary designations regularly. Outdated beneficiaries are a common estate planning mistake.

Strategy 6: Small Estate Procedures

For estates under the threshold ($208,850 for personal property as of April 2025, or primary residence under $750,000), California offers simplified procedures that avoid full probate. However, these still require legal filings and have limitations.

Strategy 7: Spousal Property Petition

A surviving spouse can often use a simplified Spousal Property Petition to transfer property without full probate, regardless of the estate's value. This is faster and less expensive than formal probate.

Living Trust vs. Probate: Complete Comparison

Cost Comparison

Probate for $750,000 estate: Approximately $36,000 in statutory fees plus additional costs (potentially $40,000-$50,000 total)

Living Trust: $575-$675 upfront (our pricing) + approximately $3,000-$5,000 for trust administration after death

Savings: $35,000+

Timeline Comparison

Probate: 12-18 months minimum, often longer

Living Trust Administration: 4-8 weeks for most estates

Privacy Comparison

Probate: Public record—anyone can access filings, including your will, asset inventory, and beneficiary information

Living Trust: Private—trust administration happens outside of court, with no public record

Control Comparison

Probate: Court supervision required for all major decisions

Living Trust: Successor trustee has authority to act immediately without court approval

Frequently Asked Questions About California Probate

How much does a probate attorney cost in California?

California probate attorney fees are set by law as a percentage of the gross estate value. For a $500,000 estate, the attorney is entitled to $13,000. For a $1,000,000 estate, the fee is $23,000. Additional "extraordinary fees" may apply for complex matters.

Can I do probate myself without an attorney?

Technically, yes. You can represent yourself "in propria persona" or "pro per." However, California probate is complex with strict deadlines and procedural requirements. A single mistake can cause costly delays or personal liability. Most people find the process overwhelming and hire an attorney.

Does having a will avoid probate in California?

No. A will must go through probate to be validated and executed. Only a living trust (or other probate-avoidance strategies like joint ownership or beneficiary designations) avoids probate.

How do I find out if someone has filed probate?

Probate cases are public records. You can search at the Superior Court in the county where the deceased person lived, or use the California Courts online case search if available in that county.

What happens to bank accounts when someone dies without a will in California?

If the bank account was solely in the deceased person's name with no payable-on-death beneficiary, it becomes part of the probate estate. The account will be distributed according to California's intestate succession laws after probate is completed.

Can an executor take everything?

No. An executor is a fiduciary who must act in the best interests of the estate and beneficiaries. Taking estate assets for personal use is theft and breach of fiduciary duty. Beneficiaries can petition the court to remove an executor who is mismanaging the estate.

How long after death is probate filed?

There's no strict deadline to file, but the will must be lodged with the court within 30 days of the death. As a practical matter, probate should be initiated promptly to prevent asset loss and begin the creditor claim period.

What is the new California probate limit for 2025?

For deaths on or after April 1, 2025: The small estate affidavit threshold is $208,850 for personal property. A new simplified procedure allows primary residences up to $750,000 to transfer without full probate.

Protect Your Family from California Probate

After reading this guide, you understand why California probate is something to avoid. The good news is that with proper planning, you can spare your family from the expense, delay, and stress of probate.

Whether you need help with:

• Creating a living trust to avoid probate ($575 single / $675 married couples)
• Navigating a current probate case as executor or beneficiary
• Understanding your rights if someone died without a will
• Reviewing whether your current estate plan is adequate

Schedule your free consultation today.

Call (818) 291-6217 or visit our website to book your appointment.

We serve clients throughout Los Angeles County, including Glendale, Burbank, Pasadena, Los Angeles, Santa Clarita, and the San Fernando Valley.

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California estate planning and probate attorney serving Glendale, Burbank, Pasadena, and throughout Los Angeles County. With over 25 years of experience in estate planning, probate administration, and trust litigation, Rozsa provides practical guidance on protecting families from the costs and delays of California probate.

Office Location: 450 N Brand Blvd, Suite 600, Glendale, CA 91203

Phone: (818) 291-6217

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Disclaimer: This article provides general information about California probate law and should not be construed as legal advice. Laws change regularly, and this article reflects information current as of December 2025. Consult with a qualified California probate attorney about your specific circumstances.