California Probate

Quick Answer: Once appointed, an executor needs Letters Testamentary or Letters of Administration from the court, several certified copies of the death certificate, a separate IRS Employer Identification Number (EIN) for the estate, and documentation of every asset for the Inventory and Appraisal. None of this is optional paperwork; each document unlocks a specific step, from opening an estate bank account to actually distributing assets.

Letters Testamentary or Letters of Administration

Before an executor can act on the estate’s behalf at all, the court issues either Letters Testamentary (if named in a will) or Letters of Administration (if appointed without one). This document is what banks, county recorders, and other institutions will ask to see before releasing information or assets to the executor. For the full appointment process and required forms, see our complete guide to California Letters of Administration.

Multiple Certified Copies of the Death Certificate

An executor typically needs more certified copies of the death certificate than they’d expect, commonly 10 to 15 for a California probate. Each bank, brokerage, insurance company, and government agency the executor deals with generally wants its own original certified copy; photocopies usually aren’t accepted. Ordering too few means repeat trips to the county recorder or vital records office mid-administration.

An EIN for the Estate, Not the Executor’s Own Social Security Number

Once Letters are issued, the estate becomes its own legal and tax entity, separate from both the decedent and the executor personally. To open an estate bank account, pay estate taxes, or manage estate assets, the executor needs to apply for an Employer Identification Number (EIN) for the estate using IRS Form SS-4, which is free to file directly through IRS.gov. Using the executor’s personal Social Security number instead of an estate EIN can create real problems when it comes time to file the estate’s own tax return.

Asset Documentation for the Inventory and Appraisal

Under Probate Code Section 8800, an executor must file an Inventory and Appraisal within four months of receiving Letters. Pulling this together means gathering documentation for everything the estate owns: property deeds, vehicle titles, bank and brokerage statements, stock certificates, life insurance policies naming the estate as beneficiary, and any outstanding debts owed to the decedent. Real property and certain other assets also need a formal appraisal from the court-appointed probate referee, not just a self-reported value.

Not the Same as an Heir’s Advance-Application Documents

It’s worth distinguishing this executor checklist from what an heir needs if they’re applying for a probate advance rather than administering the estate themselves; those documents (the will, the death certificate, and proof of relationship to the decedent) are a shorter list aimed at a different purpose. See our guide to required documents for an inheritance advance if that’s what you’re looking for instead.

Need Funds While You’re Still Gathering Documents?

Pulling together an estate’s full paperwork trail while administering a California probate case, which commonly takes 9 to 18 months, can leave heirs waiting a long time for their share. ProbateLend offers a probate advance that gives qualifying heirs a portion of their expected inheritance now, without waiting for the estate to formally close. There’s no credit check and no monthly payments; repayment comes out of the estate at final distribution.

Frequently Asked Questions

Can an executor use their own Social Security number instead of getting an estate EIN?
No, not properly. The estate is a separate legal entity once Letters are issued, and most banks and the IRS expect a distinct EIN for estate accounts and tax filings rather than the executor’s personal SSN.

How many certified death certificates should an executor order?
Most California executors order 10 to 15 certified copies, since each financial institution, insurer, and government agency typically wants its own original rather than a photocopy.

What happens if the Inventory and Appraisal deadline is missed?
The court can require the executor to explain the delay, and repeated missed deadlines can raise questions about whether the executor is administering the estate properly, which can complicate matters for everyone involved.

Does every asset need a formal appraisal?
Real property and certain other assets need a valuation from the court-appointed probate referee; some liquid assets like bank account balances can typically be reported at face value by the executor directly.

Is getting an EIN for the estate complicated?
Not usually. Form SS-4 can be filed for free directly through the IRS website, and an EIN is typically issued immediately for online applications.

For more on the appointment process and the documents that establish an executor’s authority, see our guide to administrator vs. executor differences. If you’re an heir waiting on a case to close, learn more about how probate advances work. For more on California probate, visit ProbateLend.

Quick Answer: California offers several legal ways to keep assets out of probate entirely, including a revocable living trust, joint tenancy or community property with right of survivorship, a transfer-on-death deed for real property (Probate Code Sections 5600-5696), payable-on-death designations on bank accounts, beneficiary designations on retirement and life insurance accounts, and the small estate affidavit for estates under the current $239,700 personal property threshold (Probate Code Section 13100). Each method works differently and fits different situations, there’s no single best option for everyone.

Why Avoiding Probate Matters

Probate in California typically takes 9 to 18 months and involves court fees, potential attorney costs, and a public record of the estate’s assets. None of that is required for property that passes outside probate through one of the mechanisms below. That doesn’t mean probate is always bad, some estates need the court’s oversight, but for many families it’s avoidable with planning done well before death.

8 Ways to Keep Assets Out of Probate

Method	What It Covers	Key Requirement
Revocable living trust	Any assets titled in the trust’s name	Must actively retitle assets into the trust, an unfunded trust does nothing
Joint tenancy with right of survivorship	Real estate, bank accounts, vehicles held jointly	Surviving owner automatically takes full title, no court involved
Community property with right of survivorship	Real property owned by married couples or domestic partners	California-specific option, must be titled this way explicitly
Transfer-on-death deed	Real property specifically	Must be signed, notarized, and recorded within 60 days of execution (Probate Code Section 5600)
Payable-on-death (POD) designation	Bank and credit union accounts	Filed directly with the bank, no attorney needed
Beneficiary designations	Retirement accounts, life insurance, brokerage accounts	Must be kept updated after divorce, remarriage, or a beneficiary’s death
Small estate affidavit	Personal property under $239,700 gross value	40-day waiting period after death required (Probate Code Section 13100)
Lifetime gifting	Any asset given away before death	Reduces the estate directly, but may have gift tax reporting implications

The Method Most People Get Wrong: Joint Tenancy

Adding a child or relative as a joint tenant on a house feels like a quick fix, and it does avoid probate. But it also means that person owns half the property immediately, exposed to their creditors, their divorce, or their own estate planning mistakes, and it can complicate the stepped-up tax basis the property would otherwise receive at death. A living trust or transfer-on-death deed usually accomplishes the same probate-avoidance goal without those side effects.

The Transfer-on-Death Deed Has a Strict Deadline

California’s revocable transfer on death deed, authorized under Probate Code Sections 5600 through 5696, lets a homeowner name a beneficiary who receives the property automatically at death, without a trust. The catch: the deed must be signed, dated, notarized, and recorded within 60 days of execution, or it’s simply ineffective. This is a common way these deeds fail, someone signs it and puts it in a drawer instead of recording it at the county recorder’s office right away.

Small Estate Affidavit: Only Works Under the Threshold

If the deceased’s personal property (not real estate) totals under $239,700 in gross value, current for deaths on or after April 1, 2026, an heir can use a small estate affidavit under Probate Code Section 13100 instead of opening a full probate case. Note this covers gross value, not equity, a car worth $15,000 with a $12,000 loan still counts as $15,000 toward the limit. California also requires a 40-day waiting period after death before the affidavit can be used.

None of This Helps If Probate Is Already Underway

These strategies only work when set up before death. If you’re an heir to an estate that’s already in probate because these steps weren’t taken, waiting 9 to 18 months for the court process isn’t optional at that point. If you need funds sooner, a probate advance provides a portion of your expected inheritance now, no credit check, no monthly payments, repayment comes out of the estate at final distribution.

Frequently Asked Questions

Does a will avoid probate?

No, a will actually goes through probate, it just tells the court how to distribute assets. To avoid probate, assets need to pass through one of the mechanisms above instead.

What happens if a transfer-on-death deed isn’t recorded in time?

It’s simply ineffective. The property would need to go through probate or another transfer method instead, the 60-day recording deadline isn’t flexible.

Can retirement accounts avoid probate without any extra paperwork?

Only if a beneficiary designation is actually on file with the account provider. Without one, the account can end up in probate anyway, so it’s worth confirming these are current, not just assuming they exist.

Is a living trust better than a transfer-on-death deed?

It depends on the situation. A trust covers multiple asset types and offers more control, but requires actively funding it. A TOD deed is simpler and cheaper but only covers real property.

Does adding a joint tenant always avoid probate cleanly?

It avoids probate, but comes with real risks, exposure to the joint tenant’s creditors or divorce, and complications to the property’s tax basis, that other methods don’t carry.

Avoiding probate takes planning before death, not after. For more on managing an inheritance in California, visit ProbateLend.

If you’re handling an estate in California, the fees involved in probate aren’t a mystery once you know the formula. Unlike a lot of legal costs, California’s probate fees are set by statute, which means you can calculate a close estimate before you ever talk to an attorney. Here’s how it actually works.

Quick Answer: How Much Does Probate Cost in California?

California sets probate fees on a statutory sliding scale based on the estate’s total gross value: 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 0.5% of the next $15 million. This same schedule applies separately to both the personal representative (executor or administrator) and the probate attorney, so a $500,000 estate could generate roughly $13,000 in personal representative fees and another $13,000 in attorney fees. On top of that, expect a $435 initial filing fee and a probate referee’s commission for appraising non-cash assets.

How California Calculates Probate Fees

Under Probate Code Sections 10800 and 10810, both the personal representative and the probate attorney are entitled to the same statutory percentage, calculated on the estate’s gross value (not the net value after debts):

4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
1% of the next $9,000,000
0.5% of the next $15,000,000

This is a single schedule that applies to the estate as a whole. It does not vary by asset type, real estate, bank accounts, and investment portfolios are all valued and combined into the same gross estate figure before the percentages are applied. For a quick estimate based on your own numbers, ProbateLend’s probate cost calculator runs these percentages automatically.

Filing Fees, Referee Costs, and Other Expenses

Beyond the statutory percentage fees, a few other costs come up in nearly every California probate case. The initial probate petition filing fee is $435 statewide, though additional petitions (like the final distribution petition) may carry their own fees. If the estate includes any assets that aren’t cash, such as real estate, vehicles, or business interests, a court-appointed probate referee appraises them and collects a commission of 0.1% of the appraised value, with a minimum of $75 and a maximum of $10,000 unless the court approves more for an unusually large estate. Other smaller costs include publication fees for required legal notices and certified copies of court documents.

Extraordinary Fees: When Costs Go Beyond the Standard Schedule

The statutory percentages above cover routine estate administration. If the personal representative or attorney performs services beyond that, selling real property, handling contested litigation among beneficiaries, or preparing estate tax returns, they can petition the court for additional “extraordinary fees” under Probate Code Sections 10801 and 10811. These aren’t automatic; the court has to approve them based on the actual value of the extra work. For a closer look at how attorney costs specifically break down, see ProbateLend’s probate attorney fee calculator.

Need Funds? ProbateLend Can Help

Waiting for an estate to close while fees and expenses pile up can be stressful, especially since probate fees and costs are paid from the estate before heirs receive their inheritance. If you need cash before that happens, a probate advance gives you access to a portion of your expected inheritance now. Advances typically run 30% to 35% of the amount being advanced against, and repayment comes only from the estate at distribution.

Frequently Asked Questions

Do the personal representative and the attorney split one fee, or do they each get paid separately?

They’re each entitled to the full statutory percentage independently. That means a single estate can generate two separate fee payments calculated on the same sliding scale, one to the executor or administrator and one to the probate attorney, unless one of them waives their fee.

Can the statutory probate fee be negotiated or reduced?

The personal representative and attorney can agree to accept less than the statutory maximum, and it’s not unusual for family members serving as executor to waive their fee entirely. However, they generally cannot charge more than the statutory schedule allows for ordinary services, extraordinary fees require separate court approval.

What counts as an “extraordinary” service that justifies an additional fee?

Common examples include selling estate real property, defending or pursuing litigation on the estate’s behalf, preparing the estate’s tax returns, and managing an operating business that’s part of the estate. The court reviews each request individually rather than applying a fixed rate.

Does every estate need a probate referee?

Only if the estate includes assets that aren’t already cash or cash equivalents. An estate consisting entirely of bank accounts, for example, may not need a referee at all, while one that includes real estate, vehicles, or a business interest will.

Can I reduce probate fees by avoiding probate altogether?

Assets held in a living trust, joint tenancy, or with a named beneficiary (like retirement accounts or life insurance) generally pass outside of probate and aren’t subject to these statutory fees. That’s a decision made through estate planning before death, though, not something available to heirs after someone has already passed.

Knowing the real fee schedule, rather than guessing, makes it much easier to budget for what probate will actually cost. If you need cash while those fees and the rest of probate play out, ProbateLend can help.

Dying without a will in California doesn’t mean the state takes everything, that’s a persistent myth. It means the estate follows a fixed inheritance order set by law, called intestate succession, instead of the person’s own written wishes. Who inherits, and how much, depends on exactly which relatives survive and what kind of property is involved.

Quick answer: When someone dies without a will in California, community property goes entirely to the surviving spouse. Separate property is split between the spouse and any surviving children, parents, or siblings according to a formula in Probate Code Section 6401. If there’s no surviving spouse, children inherit first, then parents, then siblings, following the order in Section 6402. The estate still goes through probate, just with an administrator instead of an executor.

What “Intestate” Actually Means

Intestate simply means someone died without a valid will. California’s intestate succession laws then determine who inherits, based purely on family relationship, not on what the deceased might have wanted informally. The state genuinely inheriting an estate (called escheat) only happens in the rare case where no legal heirs can be found at all, distant or otherwise, which is uncommon.

Community Property vs. Separate Property

This distinction drives everything in California intestate succession. Community property generally means assets acquired during the marriage. Separate property generally means assets owned before the marriage, or received individually by gift or inheritance during it. The surviving spouse’s share differs dramatically depending on which category an asset falls into.

How Much Does a Surviving Spouse Inherit?

The surviving spouse always receives the decedent’s entire half of community and quasi-community property. Separate property is more complicated, and depends on who else survives:

Who else survives	Spouse’s share of separate property
No surviving children, parents, or siblings	100%
One child (or the issue of one deceased child)	50%
No children, but a surviving parent or parents	50%
More than one child, or issue of two or more deceased children	33%

Whatever the spouse doesn’t receive from the separate property passes to the surviving children (or other qualifying relatives) under Probate Code Section 6401.

Who Inherits If There’s No Surviving Spouse

Without a surviving spouse, California’s intestate succession order (Probate Code Section 6402) generally works through this sequence, moving to the next category only if no one in the prior category survives:

• Children, in equal shares (or their descendants, if a child predeceased the decedent)
• Parents, in equal shares if both survive
• Siblings, or the children of a deceased sibling
• Grandparents, or their descendants
• More distant next of kin, following a specific statutory formula

A few things this order does NOT do: it doesn’t include unmarried domestic partners unless they were registered domestic partners under California law, and it generally doesn’t include stepchildren unless they were legally adopted. If you’re unsure where you fall in this order for a specific estate, an probate attorney can confirm it.

How the Probate Process Differs Without a Will

The estate still goes through probate court, but a few things change compared to an estate with a will:

• An administrator, not an executor, runs the estate. Probate Code Section 8461 sets a priority order for who has the right to serve, generally the surviving spouse first, then children, then other relatives.
• The court issues Letters of Administration instead of Letters Testamentary, granting the administrator authority to act for the estate.
• A bond is more often required. Without a will to waive it, the administrator typically has to post a bond sized to the estate’s value, unless all heirs agree in writing to waive it.
• Notice still goes to every heir under the intestacy order, not just those named in a will, since there isn’t one.

Beyond that, the mechanics are the same as any other California probate: filing a petition, inventorying and appraising assets, paying valid debts, and eventually distributing what’s left according to the intestacy order instead of a will’s instructions. See our probate preparation checklist for the document-gathering side of this.

If You Need Funds While This Sorts Out

Intestate estates often take longer to settle than estates with a will, since there’s no guidance document and sometimes more relatives to track down and notify. Formal probate in California typically runs 9 to 18 months either way. If you’re an heir under California’s intestacy laws and need cash before the estate closes, a probate advance can get you access to your share now.

FAQ: Probate in California Without a Will

Does the state of California take everything if there’s no will?

No. The estate passes to surviving relatives under the intestate succession order. The state only inherits (escheat) in the rare case where no legal heirs can be located at all.

Does an unmarried partner inherit under California intestacy law?

Only if they were a registered domestic partner under California law. An unmarried partner without that legal status has no automatic inheritance right under intestate succession, regardless of how long the relationship lasted.

Who becomes the administrator of an estate with no will?

Probate Code Section 8461 sets a priority order, typically the surviving spouse first, then children, then other relatives in order of closeness. The court appoints from whoever petitions in that priority order.

Do stepchildren inherit if there’s no will?

Generally not, unless they were legally adopted by the decedent. Biological or adopted children inherit under intestacy; stepchildren without a formal adoption typically do not.

Is probate required if there’s no will?

Usually yes, unless the estate qualifies for a simplified process, such as the small estate affidavit for personal property under $208,850, or the primary residence petition for a home worth $750,000 or less under AB 2016.

The Bottom Line

No will doesn’t mean no plan, California law already has one built in, it just isn’t customized to what the person might have actually wanted. If you’re an heir navigating an intestate estate and the timeline is dragging on longer than you can wait, visit ProbateLend to see if a probate advance can help.

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Most California probate cases take 9 to 18 months from start to finish, but the exact timeline depends heavily on the estate’s complexity and a 2025 law change that lets many families skip probate entirely for a home. Here’s what actually happens at each stage, and how long it realistically takes.

Quick Answer: How Long Does Probate Take in California?

A straightforward, uncontested California probate case takes 9 to 18 months, per California Courts’ own self-help guide. The biggest fixed delay is the creditor claim period, which runs at least 4 months from when the court issues Letters to the personal representative. Estates with disputes, out-of-state property, or a backlogged court calendar commonly take longer.

2025 Law Change: AB 2016 Lets Many Homes Skip Probate

Assembly Bill 2016, effective for deaths on or after April 1, 2025, lets a decedent’s primary residence valued at $750,000 or less transfer to a surviving spouse, domestic partner, or children through a simplified court process instead of full probate, a major jump from the prior $184,500 threshold. If the estate’s only significant asset is a qualifying primary residence, this can cut months off the process. It doesn’t apply to second homes, rental property, or estates where the residence exceeds $750,000, and it’s worth confirming eligibility with a probate attorney before assuming it applies.

Probate Timeline, Stage by Stage

Stage	Typical Duration
Filing the petition and court appointment of the executor or administrator	4 to 8 weeks
Notice to heirs, beneficiaries, and creditors	Begins immediately after appointment
Inventory and appraisal of estate assets	Due within 4 months of appointment (Probate Code Section 8800)
Creditor claim period	4 months from when Letters are issued, or 60 days from notice to a known creditor, whichever is later
Final accounting and petition for distribution	Filed after the creditor period closes
Total time to closing	9 to 18 months for an uncontested estate

The Creditor Claim Period Is the Real Floor

Even a simple, uncontested estate can’t close faster than California’s creditor claim window allows. Under Probate Code Section 9100, creditors have until the later of 4 months after Letters are first issued, or 60 days after the personal representative mails notice to a known creditor, to file a claim. There’s also an outer limit: under Code of Civil Procedure Section 366.2, any creditor claim against the estate is barred one year after the date of death, regardless of whether the probate notice periods have run. This creditor window is why even the fastest, cleanest probate case rarely closes in under about 6 to 9 months.

What Can Extend the Timeline

Estate complexity, disputes among heirs, out-of-state or hard-to-value assets, and court caseloads can all push a case well past the typical range. For a full breakdown of the most common causes of delay and what to do about each one, see our guide on why California probate cases run long.

Need Funds While Probate Is Still Open?

A 9 to 18 month wait doesn’t mean heirs have to go without. A probate advance gives eligible heirs a portion of their expected inheritance now, without waiting for the estate to close.

Frequently Asked Questions

What is the fastest a California probate case can close?

Even an uncontested case is bound by the creditor claim period, at least 4 months from when Letters are issued. In practice, most straightforward cases still take 6 to 9 months at minimum once filing, notice, and final accounting steps are added.

Does AB 2016 mean I don’t have to go through probate court at all?

Only for a qualifying primary residence valued at $750,000 or less, for deaths on or after April 1, 2025. Other assets in the estate, like bank accounts, vehicles, or investment property, may still require probate or a separate small estate procedure.

How long do creditors have to file a claim against a California estate?

The later of 4 months after Letters are issued to the personal representative, or 60 days after a known creditor receives formal notice, per Probate Code Section 9100. All claims are barred one year after the date of death regardless.

When does the inventory and appraisal need to be filed?

Within 4 months of the personal representative’s appointment, under Probate Code Section 8800. Missing this deadline is one of the more common ways a case falls behind schedule.

Can I access my inheritance before probate closes?

Yes. A probate advance lets qualifying heirs receive a portion of their expected share while the estate is still open. See if you qualify with ProbateLend.