How long does probate take in California?

California probate typically takes 9 to 18 months for straightforward estates. Complex or contested estates can take significantly longer.

What is the small estate limit in California?

As of 2024, California allows a small estate affidavit for estates with non-real-property assets valued at $184,500 or less. You must wait 40 days after the death to use this procedure.

Do I need a lawyer for probate in California?

California law does not require you to hire a lawyer for probate, but the process is complex. Many people find legal guidance helpful, especially for larger estates or when disputes arise.

California Probate Guide: What to Do After Someone Dies in CA

When someone dies in California, the process for settling their estate depends on the size of the estate, whether there is a will, and the types of assets involved.

Does the Estate Need Probate?

California offers several ways to transfer assets without full probate:

Small estate affidavit: Estates valued at $184,500 or less (as of 2024) in non-real-property assets can use a small estate affidavit (California Probate Code Section 13100). You must wait 40 days after the death before using this procedure.
Spousal property petition: A surviving spouse or domestic partner can petition to transfer community property without full probate.
Revocable living trusts: Assets held in a trust pass outside probate entirely.

The California Probate Process

If full probate is required, here is what to expect:

1. File the petition

File a Petition for Probate (Form DE-111) with the Superior Court in the county where the deceased lived. There is a filing fee (varies by county, typically $400–$500).

2. Notify heirs and creditors

California requires that you notify all heirs named in the will (or statutory heirs if there is no will) and publish a notice to creditors in a local newspaper for three consecutive weeks.

3. Inventory and appraisal

Within four months of appointment, the personal representative must file an inventory and appraisal of estate assets. A probate referee (appointed by the court) appraises non-cash assets.

4. Pay debts and taxes

Creditors have four months from the date the personal representative is appointed (or 60 days from the mailing of notice, whichever is later) to file claims against the estate.

5. Final distribution

After debts are settled, the personal representative petitions the court for final distribution of assets to heirs and beneficiaries.

Timeline

California probate typically takes 9 to 18 months for straightforward estates. Complex estates can take longer.

Key California Resources

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