How California Probate Works: Step-by-Step Guide (2026)

California probate can seem like a maze of court papers, deadlines, and unfamiliar rules. But the basic process is straightforward: you gather assets, notify creditors, pay bills, and distribute what remains to beneficiaries. This guide explains how.

What Is California Probate?

Probate is the court-supervised process of transferring a person's assets after death. In California, probate is required if the person owned assets in their sole name (with no named beneficiary, no joint owner, and not held in a trust) totaling more than $239,700 or including real property.

For smaller estates without real property, California offers the small estate affidavit as a shortcut (see our guide on California small estate affidavits).

The Six Steps of California Probate

Step 1: Petition the Court and Get Appointed

File a petition with the probate court in the county where the decedent lived. The petition introduces the will (if there is one), lists heirs and beneficiaries, and asks the court to appoint you as personal representative (executor).

At a hearing (usually 4 to 8 weeks after filing), the judge reviews the will and confirms there are no objections. If the will is valid, the judge appoints you and issues "letters testamentary," a court document proving your authority to act on behalf of the estate.

Timeline: 1 to 2 months from filing to appointment.

Step 2: Notify Heirs, Beneficiaries, and Creditors

Once letters testamentary are issued, the executor typically notifies:

• All heirs (relatives of the decedent)
• All beneficiaries named in the will
• All known creditors

You also publish a notice in a local newspaper notifying unknown creditors. The notice states a deadline for submitting claims.

Creditor claim deadline: 4 months from the date letters testamentary are issued.

Step 3: Inventory and Value All Assets

Gather all information about estate assets:

• Bank and investment accounts
• Real property (get appraisals if needed)
• Vehicles and personal property
• Business interests
• Life insurance and retirement accounts (that haven't already been claimed by beneficiaries)

File an inventory with the probate court within 120 days of receiving letters testamentary.

Step 4: Pay Debts, Taxes, and Estate Expenses

As assets come in, you'll pay:

• Funeral expenses
• Court filing fees and probate costs
• Estate administration costs (accounting, appraisals, etc.)
• Creditor claims (legitimate bills owed by the decedent)
• Estate taxes (if applicable; federal estate tax applies only to very large estates)
• Income taxes (final return for the decedent, and estate income tax return if required)

You keep an accounting of every payment for the court records.

Step 5: Prepare an Accounting and Get Court Approval

Before distributing assets, you prepare a detailed accounting showing:

• All income received
• All expenses and distributions paid
• What's left in the estate

File this with the probate court. Beneficiaries receive a copy and have a chance to object. If no objections are filed, the judge approves the accounting.

Step 6: Distribute Assets and Close the Estate

Once the accounting is approved, all debts are paid, and all taxes are settled, you distribute the remaining assets to beneficiaries according to the will (or California intestacy law if there's no will). You collect a receipt from each beneficiary.

Finally, you petition the court for discharge, closing the estate and ending your role as personal representative.

Key Differences in California

California probate has specific rules that differ from other states:

• No waiting period to file: You can petition the court immediately, though appointment typically takes 1 to 2 months
• No mandatory mediation: Though disputes can delay the process
• Probate fees: Court fees are modest, but attorney fees (if you hire one) are typically a percentage of the estate value
• Small estate shortcut: The $239,700 limit and small estate affidavit process are key to avoiding court for many families

Timeline at a Glance

• Week 1: File petition with probate court
• Weeks 6 to 12: Probate court hearing; you're appointed and receive letters testamentary
• Weeks 8 to 16: Notify heirs, beneficiaries, and creditors; publish notice
• Week 12 (approximately): File inventory with court
• Month 4 (approximately): Creditor claim deadline passes
• Months 6 to 9: Prepare accounting; obtain court approval
• Months 9 to 12: Distribute assets; obtain discharge from court

Total time: 6 to 12 months (longer if disputes arise or assets are complex).

Managing the Process

This is a lot to track. A checklist, deadline calendar, and organized records are essential. ExecutorBench helps you manage every step with a task list, deadlines, and instructions specific to California.

---

Disclaimer: ExecutorBench provides self-help workflow software and document preparation support. It is not a law firm and does not provide legal advice. For specific questions about your California probate, consult an attorney licensed in California.