California probate guide
Probate process in California
California probate is supervised by the Superior Court and is notoriously slow — most estates take 9-18 months. The Petition for Probate filing fee is $435 under Gov. Code § 70650. The small-estate affidavit threshold rose to $208,850 on April 1, 2025 (Prob. Code § 890, adjusted every three years). California is a community-property state and recognizes the Revocable TOD Deed under Prob. Code § 5600 et seq.
California probate at a glance
- Court
- Superior Court (Probate Division)
- Typical timeline
- 36–78 weeks
- Filing fee
- $435
- Small-estate threshold
- $208,850
- TOD deed allowed?
- Yes
- Bond required by default?
- Yes (unless waived)
- Statute
- Cal. Prob. Code §§ 6500 et seq.; § 13100 (small estates)
Source: www.courts.ca.gov. Fees and thresholds change — verify with your county court before filing.
How California probate works, step by step
- 1File Petition for Probate (Form DE-111) with the Superior Court
- 2Court holds hearing and appoints executor or administrator
- 3Publish Notice of Petition and notify heirs and creditors
- 4Inventory and appraise assets via court-appointed probate referee
- 5File final accounting, petition for distribution, and close the estate
Probate by county in California
Filing fees, court contacts, and process detail for 9 California counties:
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This page is informational and is not legal advice. Probate procedure varies by county and changes over time. Consult a licensed California probate attorney for advice specific to your situation.