How long does probate take in California, and what does it cost?
California probate typically runs 9 to 18 months and attorney fees are set by statute on the gross estate. Here are the real timelines and the actual numbers.
A straightforward California probate usually takes 9 to 18 months, and attorney fees are fixed by statute at a percentage of the gross estate. On a $900,000 estate that is $21,000 to the attorney and $21,000 to the personal representative. Contested matters, real property sales, or creditor disputes extend it well beyond 18 months.
Why it takes as long as it does
The timeline is driven by statutory waiting periods, not by how quickly anyone works. Three of them set the floor.
- Notice and hearing. The petition must be filed, notice published, and a hearing set. Court calendars in Los Angeles County commonly put the first hearing two to four months out.
- The creditor claim period. Creditors have four months from the issuance of letters to file claims under Probate Code section 9100. The estate cannot close before that runs.
- Inventory and appraisal. A court-appointed probate referee values the non-cash assets, which takes its own time and cannot be skipped.
Only after all three are complete can the petition for final distribution be filed, which needs its own hearing.
What it costs, exactly
Ordinary attorney compensation is set by Probate Code section 10810 and calculated on the gross value of the estate, before deducting mortgages or debts. The schedule is: 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, 1 percent of the next $9,000,000, and one half of one percent of the next $15,000,000. Above $25,000,000 the court sets a reasonable amount.
| Gross estate | Attorney | Representative | Both |
|---|---|---|---|
| $300,000 | $9,000 | $9,000 | $18,000 |
| $500,000 | $13,000 | $13,000 | $26,000 |
| $750,000 | $18,000 | $18,000 | $36,000 |
| $900,000 | $21,000 | $21,000 | $42,000 |
| $1,200,000 | $25,000 | $25,000 | $50,000 |
These are the ordinary fees. Extraordinary services, such as selling real property or litigating a claim, are additional and must be approved by the court. Filing fees, publication, the probate referee, and certified copies are separate costs of the estate.
What you can do in the first two weeks
- Secure the property and the mail. Do not distribute anything to anyone.
- Order at least ten certified copies of the death certificate. Every institution wants its own.
- Locate the original will if there is one. A copy is not the same thing and creates a presumption the original was revoked.
- Do not pay debts out of your own pocket. Creditors have a claims process and some claims are not valid.
- Keep every receipt from the first day. A personal representative accounts to the court and to the beneficiaries.
When probate can be avoided even after a death
Not every estate needs full probate. If the gross estate is $208,850 or less, a small estate affidavit under Probate Code section 13100 may transfer the assets without a court case, usually after a 40 day wait. Property passing to a surviving spouse may qualify for a spousal property petition, which is faster and cheaper than full administration. Assets held in a living trust, or with a valid beneficiary designation, bypass probate entirely.
It is worth having someone check which of these applies before a case is opened, because opening one that was not needed is difficult to undo.
Common questions
How long does probate take in California?
A straightforward probate typically takes 9 to 18 months. The floor is set by statutory periods: the creditor claim period is four months from issuance of letters, and court hearing dates in Los Angeles County are commonly two to four months out. Contested matters or a real property sale can extend it to two years or more.
How much are probate attorney fees in California?
They are set by statute under Probate Code section 10810 and calculated on the gross estate: 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, and 1 percent of the next $9,000,000. On a $900,000 estate that is $21,000, and the personal representative is entitled to the same amount.
Can the personal representative waive their fee?
Yes. A personal representative who is also a beneficiary often waives the fee, because the fee is taxable income while an inheritance generally is not. It is worth doing that arithmetic before deciding.
Do I need a lawyer for California probate?
The law does not require one, but the personal representative has personal liability for mistakes, and the statutory fee comes out of the estate rather than out of their pocket. Most representatives retain counsel for that reason.
What if the estate is small?
If the gross estate is $208,850 or less, a small estate affidavit under Probate Code section 13100 may transfer assets without opening a probate case, generally after a 40 day waiting period.
Talk to someone before you file anything
A 30 minute consultation is $375. We will tell you whether probate is required at all, what it will cost, and what you should be doing this week.
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This page is general legal information about California law, not legal advice, and reading it does not create an attorney-client relationship. Portia M. Wood is admitted in California and Maryland. See our Legal Disclaimer.