How Probate Works in California

Formal probate usually takes 9 to 18 months. (1) File a Petition for Probate (DE-111) in the county where the person lived (or where California property is, for non-residents) and pay the filing fee (typically $435) or request a fee waiver; (2) another adult mails notice of the hearing to heirs and beneficiaries, and notice is published in a newspaper; (3) at the hearing the judge appoints the executor or administrator and letters are issued; (4) give notice to creditors (Notice of Administration to Creditors, DE-157) and pay valid debts; (5) file an Inventory and Appraisal (DE-160), with non-cash assets usually valued by a probate referee; (6) handle final tax returns; (7) file a final report, account (unless waived) and petition for final distribution, and attend the closing hearing.

Other simplified options: (1) Real property of small value — after 6 months, a successor may file an Affidavit re Real Property of Small Value (DE-305) with the superior court if all California real property is worth no more than $69,625 (deaths on or after April 1, 2025); (2) a petition to determine succession to the decedent's main home in California, up to $750,000 for deaths on or after April 1, 2025; (3) a Spousal or Domestic Partner Property Petition (DE-221) when property passes to the surviving spouse or partner; (4) a small estate set-aside for a surviving spouse and minor children when the net estate is $107,900 or less. In a full probate, the personal representative may also ask for authority under the Independent Administration of Estates Act, which allows many actions with less court supervision.

A creditor must file a claim by the later of: 4 months after letters are first issued to a general personal representative, or 60 days after notice of administration is mailed or personally delivered to that creditor. This does not extend the separate one-year limit after death for suing on the decedent's debts.

A person cannot serve as personal representative if they are a minor, are under a conservatorship of the estate or otherwise unfit, have grounds for removal, or are not a U.S. resident. The U.S.-residency bar does not apply to someone named as executor in the will. A bond is not required if the will waives it or all beneficiaries waive it in writing, but the court may still require one for good cause, and may require a bond from a nonresident personal representative even if bond was waived.

Personal property (such as bank accounts and stocks) can be collected with a small estate affidavit if the gross value of the person's California real and personal property is $208,850 or less (deaths on or after April 1, 2025; $184,500 for deaths April 1, 2022 – March 31, 2025; $166,250 for earlier deaths) and at least 40 days have passed since the death. Cars, boats, mobile homes, out-of-state real estate, trust property, joint tenancy property, property passing to a surviving spouse, assets paid to named beneficiaries, multi-owner accounts, and up to $20,875 of unpaid wages are not counted. Debts and mortgages are not subtracted. No probate case can be open unless the personal representative consents. The affidavit is used for personal property, not real estate; notarization is not legally required but many institutions ask for it.

Probate is handled by the probate division of the superior court. Anyone who finds an original will must deliver it to the court (called lodging the will).