When probate is required
Probate is generally required in California when the person who passed owned assets in their own name, with no beneficiary or joint owner, and the total is above the small estate limit. For deaths on or after April 1, 2025, the small estate affidavit limit for most personal property is $208,850.
Probate is usually not required for assets held in a funded trust, assets with a named beneficiary, or property held in joint tenancy.
The steps
- Petition the court to appoint a personal representative.
- Notify heirs and beneficiaries, and publish notice.
- Inventory and appraise the estate.
- Give creditors notice. Creditors generally have four months after letters are issued to file claims.
- Pay valid debts and taxes.
- Petition for final distribution and close the estate.
Cost and timing
California sets statutory fees for the attorney and the personal representative based on the estate's value. On a $500,000 estate, each is $13,000. Most probates take a year or more, longer if there are disputes or real estate to sell.
What we handle
Court filings, notices, the inventory, creditor claims, coordination with your CPA, and final distribution. You are never left guessing what comes next.