Settling an Estate in California
Reviewed by DocDraft Legal Team · California · Last updated August 27, 2026
California routes decedents' estates to the Superior Court of California in the county where the person was domiciled at death, sitting in its probate department, rather than to a separately named probate or surrogate's court. California is a community property state, so the first question in most married estates is not what the will says but which half of the property the decedent actually owned. The state offers unusually generous small estate relief: personal property up to $208,850 can be collected by affidavit under Probate Code 13100 for deaths on or after April 1, 2025, without opening a case. Real property is treated separately and cannot ride on that affidavit. Full administration carries two features that surprise people: a court appointed probate referee values most non cash assets, and both the personal representative and the estate attorney are paid on a statutory percentage schedule.
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Is probate always required in California?
No. Assets in a living trust, joint tenancy property, and accounts with a living named beneficiary pass outside probate. Beyond that, if the probate estate is personal property worth $208,850 or less for deaths on or after April 1, 2025, successors can collect it by affidavit under Probate Code 13100 without opening a case.
Which court handles probate in California?
The Superior Court of California for the county where the decedent was domiciled at death, sitting in its probate department. California has no separately named probate or surrogate's court. Filings go to the Superior Court clerk in that county, and larger counties run dedicated probate calendars with their own local rules and hearing procedures.
What is the small estate limit in California and does real property count?
The affidavit under Probate Code 13100 covers personal property up to $208,850 for deaths on or after April 1, 2025, and requires a 40 day wait after death. It cannot transfer real property. Real estate uses separate procedures, including a streamlined petition for a principal residence valued under $750,000 under Probate Code 13151.
How long does probate take in California?
A straightforward full administration commonly runs 9 to 18 months. The floor is set by the creditor claim period under Probate Code 9100, which runs four months from the date letters first issue. Court calendar congestion in the larger counties, the probate referee's appraisal, and any real property sale are the usual reasons a case runs longer.
Community property, the probate referee, and statutory fees
Three features set California apart. First, California is a community property state, so in a married estate the starting analysis is ownership rather than distribution: property acquired during the marriage other than by gift or inheritance is generally owned half by each spouse, and only the decedent's half is subject to administration. A surviving spouse can often confirm title to community property through a spousal property petition under Probate Code 13500 without a full administration. Second, California appoints a probate referee to appraise non cash assets in a full administration, so the personal representative does not set values for real property, business interests, or collectibles unilaterally, and the Inventory and Appraisal filing reflects the referee's figures. Third, California is one of the minority of states that sets compensation by statute rather than by a reasonableness standard: Probate Code 10800 and 10810 fix both the personal representative's and the attorney's ordinary compensation as a percentage of the estate accounted for, at 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, and declining percentages above that. Those fees are calculated on gross value without subtracting the mortgage, which is why a modest California house can generate a fee that surprises the family. The court in every case is the Superior Court of California for the county of domicile, and the creditor claim period under Probate Code 9100 is the later of four months after letters first issue or 60 days after notice is delivered to a particular creditor.
Relevant Laws
California Probate Code 13100 (Collection of personal property by affidavit)
Allows a successor in interest to collect the decedent's personal property by affidavit, without court administration, where the gross value of the probate personal property does not exceed the statutory ceiling and at least 40 days have passed since death. The ceiling is $208,850 for deaths on or after April 1, 2025. The procedure does not reach real property.
California Probate Code 13151 (Petition for a principal residence)
Provides a streamlined court petition to transfer a decedent's principal residence outside full administration. As amended effective April 1, 2025 it applies to a principal residence valued under $750,000, and the value of that residence does not count against the separate personal property affidavit ceiling in Probate Code 13100.
California Probate Code 9100 (Time for filing creditor claims)
Sets the creditor claim deadline at the later of four 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. Because the second branch is creditor specific, the closing date differs from creditor to creditor and must be tracked individually.
California Probate Code 10800 (Statutory compensation)
Fixes the personal representative's ordinary compensation as a percentage of the value of the estate accounted for, on a declining scale beginning at 4 percent of the first $100,000. Probate Code 10810 applies the identical schedule to the estate attorney. California is one of a small group of states that sets fees by statute instead of by a reasonableness standard.
Regional Variances
California administration tracks by estate size
Personal property at or under $208,850
Affidavit for collection of personal property under Probate Code 13100. No court case, no letters, no referee. Requires a 40 day wait after death and a signed affidavit presented to whoever holds the asset. Real property is excluded entirely. Ceiling applies to deaths on or after April 1, 2025.
Principal residence under $750,000
Streamlined petition under Probate Code 13151, available for deaths on or after April 1, 2025. The residence's value does not count against the 13100 personal property ceiling, so an estate can use both routes. This is a court petition rather than a pure affidavit, but it avoids full administration.
Community property passing to a surviving spouse
Spousal property petition under Probate Code 13500, with no dollar ceiling. Confirms the survivor's ownership of community property and passes property the will leaves to the spouse. Resolved on a single hearing in the Superior Court rather than through months of administration.
Above the small estate routes
Full administration in the Superior Court probate department. Requires a Petition for Probate, published and mailed notice, letters, a probate referee appraisal on the Inventory and Appraisal, a four month creditor claim period under Probate Code 9100, and a petition for final distribution. Statutory fees under Probate Code 10800 and 10810 apply.
California deadlines and duties
Lodging the will
The custodian of the original will must lodge it with the Superior Court clerk in the county of domicile within 30 days of learning of the death, and mail a copy to the named executor. The duty is independent of whether a probate case is opened.
Small estate waiting periods
40 days after death for the personal property affidavit under Probate Code 13100. Six months after death for the low value real property affidavit under Probate Code 13200. The waits are jurisdictional, so an affidavit presented early will be refused.
Creditor claims
The later of four months after letters first issue, or 60 days after notice of administration reaches the particular creditor, under Probate Code 9100. Distributing before every applicable window closes is the standard route to personal liability for a California representative.
Bond
A bond is generally required unless the will waives it or all beneficiaries consent to waive it. Courts will still require bond where the representative is a non resident or where circumstances warrant, and the premium is an estate expense.
Suggested Compliance Checklist
Lodge the original will within 30 days
Within 30 days of death days after startingDeliver the original signed will to the Superior Court clerk in the county where the decedent was domiciled and mail a copy to the named executor. This is required whether or not a probate case will follow. Keep the clerk's conformed copy as proof, and do not alter or unstaple the original before lodging it.
Confirm community property character before anything else
Weeks 1-3 days after startingIn a married estate, determine which assets are community property and which are separate property, because only the decedent's interest is administered. Trace assets acquired before marriage or received by gift or inheritance. This analysis decides whether a spousal property petition under Probate Code 13500 can replace a full administration.
Wait 40 days, then use the small estate affidavit if eligible
Day 41 onward days after startingIf the probate personal property is $208,850 or less for a death on or after April 1, 2025, prepare the Probate Code 13100 affidavit and present it to each asset holder with a certified death certificate. Confirm no probate case is pending. Remember the affidavit cannot transfer real property, which needs a separate route.
Prepare the Inventory and Appraisal for the probate referee
Within 4 months of letters days after startingList cash and cash equivalents on Attachment 1 and send all other assets to the court appointed probate referee on Attachment 2 for appraisal. File the completed Inventory and Appraisal with the court. These values drive the statutory fee calculation and the final accounting, so errors here propagate through the rest of the case.
Track each creditor's claim deadline separately
Per creditor under Probate Code 9100 days after startingDiary four months from the date letters first issued as the estate wide floor, then diary 60 days from the date notice of administration was delivered to each individual creditor. The operative deadline is the later of the two for that creditor. Do not distribute until every applicable window has closed.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Lodge the original will within 30 days | Deliver the original signed will to the Superior Court clerk in the county where the decedent was domiciled and mail a copy to the named executor. This is required whether or not a probate case will follow. Keep the clerk's conformed copy as proof, and do not alter or unstaple the original before lodging it. | - | Within 30 days of death |
| Confirm community property character before anything else | In a married estate, determine which assets are community property and which are separate property, because only the decedent's interest is administered. Trace assets acquired before marriage or received by gift or inheritance. This analysis decides whether a spousal property petition under Probate Code 13500 can replace a full administration. | - | Weeks 1-3 |
| Wait 40 days, then use the small estate affidavit if eligible | If the probate personal property is $208,850 or less for a death on or after April 1, 2025, prepare the Probate Code 13100 affidavit and present it to each asset holder with a certified death certificate. Confirm no probate case is pending. Remember the affidavit cannot transfer real property, which needs a separate route. | small-estate-affidavit | Day 41 onward |
| Prepare the Inventory and Appraisal for the probate referee | List cash and cash equivalents on Attachment 1 and send all other assets to the court appointed probate referee on Attachment 2 for appraisal. File the completed Inventory and Appraisal with the court. These values drive the statutory fee calculation and the final accounting, so errors here propagate through the rest of the case. | asset-inventory | Within 4 months of letters |
| Track each creditor's claim deadline separately | Diary four months from the date letters first issued as the estate wide floor, then diary 60 days from the date notice of administration was delivered to each individual creditor. The operative deadline is the later of the two for that creditor. Do not distribute until every applicable window has closed. | - | Per creditor under Probate Code 9100 |
Frequently Asked Questions
California sets ordinary compensation by statute rather than by a reasonableness test. Under Probate Code 10800 and 10810 the personal representative and the estate attorney are each entitled to 4 percent of the first $100,000 of the estate accounted for, 3 percent of the next $100,000, 2 percent of the next $800,000, and smaller percentages above that. The calculation uses gross value without deducting mortgages, and the court may allow extraordinary fees on top for contested or complex work.
Often, yes. A surviving spouse can file a spousal property petition under Probate Code 13500 asking the Superior Court to confirm that community property belongs to the survivor and to pass any property the will leaves to the spouse without full administration. It is a single hearing rather than a months long case, and it works alongside the community property rules that already leave only the decedent's half in the estate.
The probate referee is a county official appointed by the court to appraise estate assets other than cash in a full administration. The representative cannot simply assign values to real property or business interests. The referee's fee is set by statute as a small percentage of the appraised value. Estates handled by affidavit or by a spousal property petition do not involve a referee at all.
Sometimes. The Probate Code 13100 affidavit covers personal property only. For real estate, Probate Code 13200 provides an affidavit procedure for low value parcels after a six month wait, and since April 1, 2025 Probate Code 13151 allows a streamlined petition for a decedent's principal residence valued under $750,000. Anything above those routes requires full administration.
California imposes neither an estate tax nor an inheritance tax at the state level, so the only death tax exposure for most California estates is federal, and the federal basic exclusion for deaths in 2026 is $15 million per person. California property tax reassessment on inherited real property is the more common surprise, since Proposition 19 narrowed the parent to child exclusion substantially.
Other California guides
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