The California Probate Process, Step by Step

Robert E. Williams, Attorney at Law · Updated October 4, 2026 · 6 min read

When someone dies owning property in their own name, without a funded living trust and above California's small-estate limits, that property usually has to pass through probate. Probate is the court-supervised process for proving a will (or determining heirs if there is no will), paying debts and taxes, and transferring what remains to the people entitled to it.

For families, probate can feel confusing and slow. Knowing the steps ahead of time makes it easier to plan, to keep the estate moving, and to avoid costly mistakes. This guide walks through a typical California probate from start to finish.

Step 1: Locate the Will and Gather Information

The first task is to find the original will, if there is one. California law requires anyone who has custody of a will to deliver it to the clerk of the superior court within 30 days after learning of the death (Probate Code section 8200). The person named as executor should also gather the death certificate, a list of assets and debts, recent account statements, deeds, tax returns and contact information for family members.

It is also worth checking whether probate is needed at all. Assets held in a trust, joint tenancy, or with a named beneficiary pass outside probate. Small estates may qualify for simplified procedures, explained in our guide to California small estate rules. A surviving spouse may be able to use a spousal property petition for property passing to them.

Step 2: File the Petition for Probate

Probate begins with a Petition for Probate (Judicial Council form DE-111) filed in the superior court of the county where the decedent lived. The petition asks the court to admit the will, appoint the executor (or an administrator if there is no will or no available executor), and usually to grant authority under the Independent Administration of Estates Act. Independent administration lets the personal representative take many actions, such as selling property, with notice to beneficiaries instead of a separate court hearing for each step.

The court sets a hearing date, typically several weeks out depending on the court's calendar.

Step 3: Give Notice

Before the hearing, the petitioner must:

• Publish a Notice of Petition to Administer Estate in a newspaper of general circulation where the decedent lived, three times before the hearing.
• Mail notice to all heirs and to every beneficiary named in the will, at least 15 days before the hearing.

These steps give anyone with an interest in the estate the chance to object.

Step 4: The Hearing and Letters

If no one objects and the paperwork is in order, the court admits the will and appoints the personal representative. After the representative files the required bond (unless waived) and the court signs the order, the clerk issues "Letters Testamentary" (for an executor) or "Letters of Administration" (for an administrator). Letters are the official proof that this person has authority to act for the estate. Banks, title companies and government agencies will ask for certified copies.

The personal representative also signs a statement of duties acknowledging the obligation to keep estate property separate, keep records and act in the best interests of the estate.

Step 5: Notify Creditors and Agencies

Creditors generally have until the later of four months after letters are first issued or 60 days after notice is mailed to them to file a claim (Probate Code section 9100). The personal representative must mail notice to known creditors. If the decedent received Medi-Cal benefits, the Department of Health Care Services must also be notified, because the state may have a recovery claim. Notice to the Franchise Tax Board may also be required.

Step 6: Inventory and Appraisal

Within four months after letters are issued, the personal representative files an Inventory and Appraisal listing the estate's assets (Probate Code section 8800). Cash and similar assets are valued by the representative. Other assets, such as real estate, are appraised by a probate referee appointed by the court. The date-of-death values established here also matter for income tax purposes, because inherited assets generally receive a new tax basis.

Step 7: Manage the Estate, Pay Debts and Taxes

While the estate is open, the personal representative manages and protects the property: keeping insurance in force, paying ongoing expenses, collecting income and, if necessary, selling property. Approved creditor claims are paid. Final income tax returns must be filed for the decedent (federal Form 1040 and California Form 540), and the estate itself may need to file fiduciary income tax returns (federal Form 1041 and California Form 541). A federal estate tax return is needed only for very large estates; the federal exemption for 2026 is $15 million per person, and California has no state estate or inheritance tax.

Real property also has property tax consequences. A Change in Ownership Statement (Death of Real Property Owner) is generally due to the county assessor, and children inheriting a family home should review whether they qualify for any parent-child exclusion under Proposition 19.

Step 8: Petition for Final Distribution

Once the creditor period has passed and debts and taxes are paid or provided for, the personal representative files a petition for final distribution. The petition usually includes an accounting of all money received and spent (unless beneficiaries waive it), a request for statutory fees, and a proposed distribution of the remaining property. After notice and a hearing, the court signs an order for final distribution.

Step 9: Distribute and Close

The personal representative transfers property according to the court's order, records the order with the county recorder for any real estate, collects signed receipts from each beneficiary, and files them with the court. The court then discharges the personal representative, and the probate is closed.

How Long Does Probate Take?

Even a simple, uncontested probate rarely finishes in less than nine months, because of the hearing schedule, the four-month creditor period and the time needed to sell or transfer property. A year to eighteen months is common. Estates with disputes, business interests, tax issues or hard-to-sell real estate can take considerably longer.

What Does Probate Cost?

California sets the "statutory" compensation for both the personal representative and the attorney based on the gross value of the estate (Probate Code section 10810): 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and one-half of one percent of the next $15 million. For example, an estate with a gross value of $1,000,000 produces statutory compensation of $23,000 for the personal representative and another $23,000 for the attorney. Court filing fees, publication costs, probate referee fees and bond premiums are additional. Extraordinary services, such as handling litigation or selling real estate, may justify further fees with court approval.

Practical Tips for Executors

• Open a separate estate bank account and never mix estate money with your own.
• Keep every receipt and a running log of what you do and when.
• Do not distribute property early; you can be personally liable if creditors or taxes go unpaid.
• Communicate regularly with beneficiaries. Most disputes start with silence.
• Calendar the important deadlines: hearings, the inventory due date and the end of the creditor claim period.

Can You Avoid Probate Next Time?

Going through probate for a parent often motivates people to plan differently for their own families. A funded revocable living trust, beneficiary designations, and other non-probate transfers can spare your loved ones the court process. If you are serving as a trustee rather than an executor, see our trust administration checklist.

Conclusion

California probate follows a predictable sequence: petition, notice, appointment, creditor period, inventory, administration and final distribution. It is rarely fast and it is not cheap, but executors who stay organized, keep good records and respect the deadlines can move an estate through the process with far less stress. Thoughtful planning today, especially with a funded living trust, can keep your own family out of probate court altogether.

Related Articles

• Avoiding Probate for Small Estates in California (2026 Limits)
• Successor Trustee Checklist: Administering a Trust in California
• Will vs. Living Trust in California: Which One Do You Need?

This article provides general information about California and federal law as of October 4, 2026. It is not legal advice and does not create an attorney–client relationship.