How Probate Works in California
California requires probate for most solely-titled property, but it also offers more ways to shortcut that process than almost any other state — from a no-filing affidavit for smaller estates to a streamlined court petition for a primary residence worth up to $750,000.
Probate court
Superior Court, Probate Division
Typical timeframe
9–18 months for full probate; weeks for small-estate affidavits
Small-estate affidavit limit
$208,850
Simplified probate limit
$750,000
Creditor claim deadline
120 days
Community property state
Yes
Does California require probate?
Probate is required for real or personal property held solely in the decedent's name, without a trust or beneficiary designation, above California's small-estate thresholds. Below those thresholds, heirs can transfer assets without a full probate case.
California is a community property state. On the death of a spouse, the survivor generally already owns half of community property outright — California offers a separate, simpler Spousal or Domestic Partner Property Petition to confirm that share, which is faster than full probate even for a large estate.
How to avoid full probate in California
- Personal property up to $208,850 (for deaths on or after April 1, 2025) can transfer with a sworn affidavit presented directly to banks or other asset holders — no court filing at all, once 40 days have passed since death.
- Real property valued under $69,625 can use a court-filed small-estate affidavit with a probate referee appraisal — simpler than full probate, but still a court filing.
- A primary residence (California property only) worth up to $750,000 can use the Petition to Determine Succession to Real Property — a streamlined court process with a hearing, faster than full administration.
- These figures adjust roughly every three years under a Judicial Council schedule; the next adjustment is April 1, 2028.
The probate process in California
Full probate is handled by the Probate Division of the Superior Court in the county where the decedent lived. The court appoints an executor (if there's a will) or administrator (if not), who is issued Letters to act for the estate, identifies and values assets, notifies creditors, and distributes what remains once debts and the creditor-claim window are settled.
Creditor claims in California
The personal representative must notify known or reasonably ascertainable creditors within the later of 4 months after Letters are issued, or 30 days after learning of the creditor. Creditors then have until the later of 4 months after Letters are issued, or 60 days after being mailed notice, to file a claim.
Let Estate Assist handle the rest
Estate Assist reads the estate's documents, builds a personalized checklist, and drafts the letters you need — so you're not piecing this together alone.
Start your free action plan →Frequently asked questions
Do I need a lawyer for probate in California?
Not legally required, but California sets statutory attorney and executor fees on a percentage-of-estate basis and the process is procedurally demanding — many executors of full-probate estates use an attorney, while small-estate-affidavit filers often don't.
What happens if there's no will?
The estate passes by intestate succession, typically to a spouse and children first. The court appoints an administrator instead of an executor, but the process otherwise follows the same probate path.
Is the $208,850 small-estate figure based on the estate's gross or net value?
Gross value of the decedent's property in California — it isn't reduced for debts or a mortgage, though some property (like vehicles handled under a separate DMV process) doesn't count toward it.
Related guides
Probate in other states
California figures checked against California Courts — Probate Code §890 Adjusted Amounts (Judicial Council) on July 22, 2026. Probate rules, thresholds, and deadlines change and are frequently adjusted for inflation; confirm current figures before relying on them. Estate Assist provides general information, not legal, financial, or tax advice.