Losing someone you love is hard enough. Having to navigate a court process at the same time — often for a year or more — can make an already painful experience significantly more stressful and expensive for the people left behind.
That is probate. And in California, it is one of the more burdensome versions of the process in the country. Understanding what it involves — and what it costs — is one of the best arguments for getting an estate plan in place now.
What Is Probate, Exactly?
Probate is the court-supervised legal process for settling a person's estate after they die. It involves validating the will (if there is one), notifying creditors, paying debts, and ultimately transferring assets to the rightful heirs.
In California, probate is generally required when a person dies with assets titled solely in their own name that exceed $184,500 in total value (as of 2024 — this threshold is adjusted periodically). This includes real estate, bank accounts, investment accounts, and personal property.
Assets that pass outside of probate — such as jointly held property, accounts with named beneficiaries, and assets held in a properly funded trust — do not go through this process. This is a key reason why trust planning is so valuable in California.
How Long Does California Probate Take?
The short answer: a long time. Most California probate cases take 12 to 24 months from start to finish. More complex estates, disputes among heirs, or court backlogs can push that timeline even longer.
Here is a general overview of what the process looks like:
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Months 1–2
File the Petition
An executor or administrator files a petition with the superior court in the county where the deceased lived. The court schedules a hearing, typically 4–8 weeks out.
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Months 2–4
Notify Creditors & Inventory Assets
The death is published in a local newspaper to alert creditors, who then have four months to make claims against the estate. The executor inventories and appraises all assets using a court-appointed appraiser (a Probate Referee).
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Months 4–12
Pay Debts & Manage the Estate
Valid creditor claims are paid. The executor manages estate assets — sometimes including maintaining a home, managing investments, or handling ongoing financial obligations — while waiting for the court process to move forward.
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Months 12–18+
File the Final Accounting & Close
The executor files a final accounting with the court showing all income, expenses, and proposed distributions. After court approval — which may require another hearing — assets are finally distributed to heirs and the estate is closed.
What Does California Probate Cost?
This is where many families are genuinely shocked. California sets attorney and executor fees by statute, based on the gross value of the estate — not the net value after debts. That means if your home is worth $800,000 but you still owe $400,000 on the mortgage, fees are calculated on the full $800,000.
Under California Probate Code §10810, the statutory fee for both the attorney and the executor are each calculated as follows — meaning the total combined fees are double what is shown below:
| Estate Value | Fee Rate (per party) | Combined Total (attorney + executor) |
|---|---|---|
| First $100,000 | 4% | $8,000 |
| Next $100,000 | 3% | $6,000 |
| Next $800,000 | 2% | Up to $32,000 |
| Next $9,000,000 | 1% | Up to $180,000 |
For a typical California estate with a home worth $750,000, the combined statutory fees alone could exceed $34,000 — before court filing fees, publication costs, appraiser fees, and other expenses.
Probate fees in California are calculated on what you own, not what you've paid off. A $1 million home with a $600,000 mortgage generates fees on the full million.
Probate Is Public
One aspect of probate that surprises many families is that it is entirely public record. Anyone can look up your probate case at the courthouse and see what you owned, what you owed, and who received what. For families who value their privacy — or who want to minimize the risk of opportunistic claims — this is a meaningful concern.
How to Avoid Probate in California
The good news is that probate is largely avoidable with the right planning. The most effective tool is a revocable living trust that is properly funded — meaning your assets are actually titled in the name of the trust before you pass away.
Other strategies that help assets pass outside of probate include:
- Beneficiary designations on life insurance policies, retirement accounts (IRAs, 401ks), and bank accounts (POD — payable on death)
- Joint tenancy with right of survivorship for real property owned with a spouse or partner
- Transfer on death deeds for real property (available in California)
Each of these tools has its own advantages and limitations, and the right combination depends on your specific situation. That is exactly the kind of thing we work through together in a consultation.
California probate is slow, expensive, and public. With proper planning, most families can avoid it entirely — leaving more for the people they love and sparing them a process that can drag on for years during an already difficult time.
If you are wondering whether your estate would be subject to probate — or if you already have a plan and want to make sure it is doing what you think it is — I would be glad to take a look with you.