Estate settlement · CA

Probate in California.

The basics most families need to know. Not legal advice — see the official sources at the bottom of this page, or call a California estate attorney for the specifics of your situation.

Small estate threshold

Estates under $184,500

If the gross value of the estate is $184,500 or less, the family can use a Small Estate Affidavit (Probate Code §13100) to collect personal property without opening probate. For real estate, there's a separate Affidavit re Real Property of Small Value when the property is $61,500 or less. Wait 40 days after death before filing.

Typical timeline

9–18 months for full probate

California does not have an informal probate option — full court-supervised probate is the standard path.

California does not require an attorney for probate, though most families with non-trivial estates use one. Average legal fees: $1,500–$5,000.

Notable quirks

What makes California different.

California is a community-property state — half of property acquired during marriage goes to the surviving spouse automatically.
Probate is famously slow and expensive in CA. Statutory attorney + executor fees are based on a sliding scale of gross estate value (4% on first $100k, 3% on next $100k, etc.) — these add up fast.
The Spousal/Domestic Partner Property Petition (Probate Code §13650) is faster than full probate when assets pass to a spouse.
Since 2020, California allows transfer-on-death deeds for real estate — a way to bypass probate entirely if set up before death.

Community property state

Californiais a community-property state. In general, property acquired during marriage is owned half by each spouse — meaning the surviving spouse already owns half, and only the deceased’s half passes through the estate. This significantly affects what gets probated and what passes automatically to the spouse.

Key forms

What the executor will file.

DE-111 — Petition for Probate
The form that opens a probate case. Filed with Superior Court in the county where the deceased lived.
DE-160 — Inventory and Appraisal
Lists every asset in the estate. Filed within 4 months of opening probate.
Small Estate Affidavit (Probate Code §13100)
For estates under $184,500. Bypass full probate.

Authoritative sources

For the actual current rules.

State rules and thresholds change. These links go to the California courts and bar association — the source of truth for current forms, fees, and procedures.

Other states

We have probate guides for the 10 most populous states. Pick another:

This page is general consumer guidance, not legal advice. For complex estates, contested wills, or jurisdiction-specific questions, talk to a licensed California estate attorney.

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