California has some of the highest probate costs and longest timelines in the country — largely due to statutory attorney fees and court backlogs in major counties. But it also has one of the highest small estate thresholds, which means many families can avoid probate entirely.
How Probate Works in California
California probate is filed in the Superior Court of the county where the deceased lived. The court validates the will, appoints the executor (called the personal representative), and supervises the process through to distribution. California uses a largely formal probate system — unlike states that allow independent administration, most steps require court approval.
One distinctive feature: California sets executor and attorney fees by statute, calculated as a percentage of the gross estate value — not the net. This means a house with a large mortgage still generates a full fee based on its market value, not its equity. The statutory rate is 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million.
Small Estate Shortcuts in California
If the total value of the deceased's probate estate is $184,500 or less (adjusted periodically by the Judicial Council), heirs can use a simplified affidavit procedure under Probate Code Section 13100 to collect assets without opening a formal probate case. The affidavit can be presented to banks, the DMV, and other institutions 40 days after death.
Real property can be transferred using a court petition under Section 13150 when the estate qualifies — faster and far less expensive than formal probate. The $184,500 threshold applies to the gross value of probate assets only; assets with named beneficiaries or held in a trust don't count toward it.
State Estate Tax
California has no state estate tax. The federal estate tax applies to estates over the federal exemption (over $13 million as of 2026). Most California estates, despite high real estate values, don't reach the federal threshold — but estates with significant real estate portfolios or business interests should confirm this with a CPA.
How Long Does Probate Take in California?
Most California probate cases take 9 to 18 months. The process is slower than most states for two reasons: the mandatory 4-month creditor period, and court scheduling delays in high-population counties. Contested estates, estates with out-of-state property, or those requiring ancillary probate can take 2–4 years.
The fastest path through California probate is to have a well-organized executor, an experienced probate attorney, and no disputes among heirs. All three together can get a typical estate closed in 9–12 months even in a busy county.
Executor Duties and Compensation
The executor's duties in California are the same as in most states: locate and inventory assets, notify creditors, pay debts and taxes, and distribute to beneficiaries. Compensation is set by the same statutory scale as attorneys — the executor and attorney each receive the percentage fee independently. If you are the executor and hire an attorney, both of you receive the full statutory fee from the estate.
Executors can waive compensation — commonly done when the executor is also the primary beneficiary — but this must be done in writing before receiving the fee.