How Probate Works in California: A Complete 2024 Guide

Understanding How Probate Works in California

Probate in California is the court-supervised legal process through which a deceased person's assets are distributed to heirs and beneficiaries, debts are paid, and the estate is officially closed. The process typically takes 12 to 18 months to complete, costs between 4% to 7% of the estate's gross value, and follows specific procedures outlined in the California Probate Code. Whether probate is required depends on the size and composition of the estate, with estates under $184,500 (as of 2024) potentially qualifying for simplified procedures.

For California residents in the High Desert and Inland Empire region, understanding how probate works is essential for both estate planning and navigating the loss of a loved one. This comprehensive guide explains the California probate process, associated costs, timelines, and alternatives that may help your family avoid this often lengthy and expensive legal procedure.

When Is Probate Required in California?

Not every estate must go through probate in California. Understanding when probate is necessary helps families prepare appropriately and consider estate planning strategies to minimize this requirement.

Probate is generally required when:

• The deceased person owned real property (real estate) in their name alone worth more than $61,500
• The estate's total value exceeds $184,500 (the small estate threshold as of 2024)
• Assets are titled solely in the decedent's name without a designated beneficiary
• There are disputes among heirs or questions about the validity of a will

Probate may be avoided when:

• Assets are held in a living trust
• Property is owned as joint tenancy with right of survivorship
• Assets have designated beneficiaries (life insurance, retirement accounts, payable-on-death accounts)
• The estate qualifies for small estate procedures
• Real property is held as community property with right of survivorship

According to California Probate Code Section 13100, estates valued at $184,500 or less may qualify for a simplified small estate affidavit process, which avoids formal probate entirely. This threshold is adjusted periodically for inflation, making it important to consult with an experienced estate planning attorney about current limits.

The California Probate Process: Step-by-Step Timeline

How probate works in California follows a predictable sequence of events, though the timeline can vary significantly based on estate complexity, family dynamics, and court schedules. Here's what to expect during each phase.

Filing the Petition (Weeks 1-4)

The probate process begins when someone (usually a family member or the person named as executor in the will) files a Petition for Probate with the Superior Court in the county where the deceased person lived. This petition requests that the court officially appoint an executor or administrator to manage the estate.

The petitioner must also file the original will (if one exists) and a certified copy of the death certificate. Filing fees in California typically range from $435 to $465, depending on the county.

Notice to Heirs and Creditors (Weeks 4-16)

California law requires formal notice to all potential heirs, beneficiaries named in the will, and known creditors. According to California Probate Code Section 8110, notice must also be published in a local newspaper of general circulation for three consecutive weeks, alerting unknown creditors of the death and the probate proceeding.

This publication requirement serves an important purpose: it establishes a deadline for creditors to file claims against the estate. In California, creditors generally have four months from the date letters are issued to the executor to file claims, though specific deadlines vary based on circumstances.

Court Hearing and Appointment (Weeks 8-16)

Approximately 30-45 days after filing the petition, the court schedules a hearing to review the petition and appoint the executor or administrator. Family members and interested parties may attend this hearing and raise objections if they have concerns about the proposed executor or the validity of the will.

If the court approves the petition, it issues "Letters Testamentary" (if there's a will) or "Letters of Administration" (if there's no will), which grant the executor legal authority to act on behalf of the estate. This is a critical milestone in understanding how probate works in California, as it officially empowers someone to manage estate assets.

Inventory and Appraisal (Months 2-4)

The executor must identify, secure, and appraise all estate assets within four months of appointment. This inventory must be filed with the court and includes real estate, bank accounts, investments, personal property, business interests, and any other assets owned by the deceased.

For real property and certain other assets, the court appoints a probate referee who provides an independent appraisal. The referee charges a fee of 0.1% of the appraised value of non-cash assets, which is paid from the estate.

Paying Debts and Taxes (Months 4-12)

The executor must notify all known creditors and pay valid claims against the estate, including final medical bills, credit card debt, mortgages, and other obligations. The executor also files final income tax returns for the deceased and, if necessary, federal and California estate tax returns.

California does not have a state estate tax, but federal estate tax may apply to estates exceeding $13.61 million (as of 2024). Even estates below this threshold must file if required by federal law.

Distribution and Closing (Months 12-18)

Once debts are paid and the statutory waiting period expires, the executor files a petition for final distribution with the court. This petition details how assets will be distributed according to the will (or California intestacy laws if there's no will) and requests court approval to close the estate.

After a final hearing, the court issues an order approving distribution. The executor then transfers assets to beneficiaries, files a final accounting, and the estate is officially closed.

California Probate Costs and Fees

Understanding the costs associated with how probate works in California helps families appreciate why many people choose to establish trusts and other estate planning tools. Probate expenses are paid from estate assets before distribution to heirs.

Statutory Executor and Attorney Fees

California Probate Code Section 10810 establishes a statutory fee schedule for both the executor and the probate attorney based on the gross value of the estate (not the net value after debts). These fees are calculated as follows:

• 4% on the first $100,000
• 3% on the next $100,000
• 2% on the next $800,000
• 1% on the next $9 million
• 0.5% on the next $15 million
• A reasonable amount for estates exceeding $25 million

For example, on a $600,000 estate, the statutory fee would be $15,000 for the executor and another $15,000 for the attorney—$30,000 total in fees alone. Both the executor and attorney are entitled to these fees, effectively doubling the cost.

Additional Probate Expenses

Beyond executor and attorney fees, California probate includes these additional costs:

• Court filing fees: $435-$465 initially, plus additional fees for petitions
• Probate referee fees: 0.1% of non-cash assets appraised
• Publication costs: $200-$500 for newspaper notices
• Bond premiums: If required, typically 0.5-1% of estate value annually
• Accounting fees: If professional accounting services are needed
• Property maintenance: Ongoing costs for real estate during probate
• Extraordinary fees: Additional attorney fees for complex matters like litigation or business valuations

When considering all costs, California probate typically consumes 4% to 7% of the estate's gross value, and families in Apple Valley and throughout San Bernardino County often find this expense significant, particularly for estates that include appreciated real estate.

Alternatives to California Probate

Given the time and expense involved in how probate works in California, many families explore legal alternatives that allow assets to pass to heirs without court supervision. Proper estate planning can significantly reduce or eliminate the need for probate.

Living Trusts

A revocable living trust is the most common and comprehensive probate avoidance tool in California. Assets transferred to the trust during your lifetime avoid probate entirely at death, as the trust (not you individually) technically owns the property. After your death, your successor trustee distributes assets according to your trust instructions without court involvement.

Living trusts offer additional benefits beyond probate avoidance, including privacy (trusts aren't public records like probate proceedings), incapacity planning, and flexibility in asset distribution. For families in the Inland Empire region with real estate holdings, a living trust is often an essential estate planning tool.

Joint Tenancy and Community Property with Right of Survivorship

Property owned in joint tenancy with right of survivorship automatically passes to the surviving owner without probate. Similarly, California allows married couples to hold property as community property with right of survivorship, which provides both probate avoidance and beneficial tax treatment.

However, these ownership structures have limitations. They only work for two owners, may have unintended tax consequences, and expose assets to creditors of all owners. They're useful tools but shouldn't replace comprehensive estate planning.

Beneficiary Designations

Retirement accounts, life insurance policies, bank accounts, and investment accounts can include beneficiary designations that transfer assets directly to named individuals without probate. These designations supersede instructions in a will, making it critical to keep them current.

California also allows "payable on death" (POD) designations for bank accounts and "transfer on death" (TOD) designations for securities and real estate, which provide simple probate avoidance for specific assets.

Small Estate Procedures

For estates valued under $184,500, California offers simplified procedures under Probate Code Section 13100 et seq. Heirs can collect assets using a small estate affidavit without formal probate, typically 40 days after death. For real property valued under $61,500, a similar affidavit process is available under Section 13200.

These procedures require filing an affidavit with the asset holder or in court, but the process is much faster and less expensive than full probate.

Special Considerations for California Real Estate in Probate

Real property creates unique challenges in California probate. Understanding how probate works in California when real estate is involved helps families navigate these complexities.

When the estate includes real property, the executor may need court approval to sell it, depending on whether the will grants independent administration powers. Without these powers, the executor must petition the court, provide notice to heirs, and follow specific procedures outlined in California Probate Code Sections 10300-10381.

The probate sale process includes requirements for published notices, court confirmation hearings, and opportunities for overbids (where other buyers can bid at least 10% more than the accepted offer). This process protects estate beneficiaries but can complicate sales and extend the probate timeline.

For families in Apple Valley and the High Desert region, where real estate often represents the most significant estate asset, proper planning to avoid probate can save tens of thousands of dollars and allow property to transfer to heirs much more quickly.

Work with Experienced California Estate Planning Attorneys

Understanding how probate works in California reveals why proactive estate planning is so valuable. The probate process, while providing important legal protections, requires significant time, expense, and court supervision that most families prefer to avoid when possible.

At Archangel Trust, we've helped families throughout Apple Valley, the High Desert, and Inland Empire region navigate California probate and, more importantly, create comprehensive estate plans that minimize or eliminate probate requirements. With over 20 years of experience in estate planning and trust administration, our team understands the unique considerations facing California residents, from complex real estate holdings to family business succession.

Whether you're planning your estate to protect your family from probate or need guidance administering a loved one's estate, we provide compassionate, knowledgeable support tailored to California law. Our services include living trust creation, probate administration, trust administration, asset protection planning, and comprehensive estate planning strategies.

Don't let your family face the time and expense of California probate. Contact Archangel Trust today to schedule a consultation and discover how proper estate planning can provide peace of mind and protect your legacy. Our experienced attorneys are ready to help you create a plan that reflects your wishes and protects your family's future.