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

California probate can seem like a maze of court papers, deadlines, and unfamiliar rules. The basic process is: you gather assets, notify creditors, pay bills, and distribute what remains to beneficiaries with court approval. 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 generally needed for assets the person owned in their sole name (with no named beneficiary, no joint owner, and not held in a trust) when the gross estate is more than $208,850. Real property usually needs a court procedure, though California has simplified procedures for a primary residence worth up to $750,000 and for small real property.

For smaller estates, California offers the small estate affidavit as a shortcut for personal property (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: Give Required Notices

Before the hearing, notice of the petition is mailed to heirs and beneficiaries at least 15 days before the hearing (Probate Code Section 8110) and published in a local newspaper (Probate Code Sections 8120 to 8124; Judicial Council form DE-121, three publications, first at least 15 days before the hearing). Both happen before letters are issued.

After letters are issued, a notice of administration to creditors (form DE-157) is mailed to known creditors (Probate Code Sections 9050 to 9052). Within 90 days after letters, notices must also go to the Franchise Tax Board in every estate, and to the Department of Health Care Services, the Victim Compensation Board and the Department of Child Support Services where they apply (Probate Code Section 9202).

Creditor claim deadline: generally the later of 4 months after letters are first issued or 60 days after notice of administration is mailed to a creditor (Probate Code Section 9100).

Step 3: Inventory and Value All Assets

Gather all information about estate assets:

• Bank and investment accounts
• Real property (a court-appointed probate referee appraises non-cash assets unless the court waives it, Probate Code Sections 8902 and 8903)
• 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 4 months after letters are first issued (Probate Code Section 8800).

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 Ask the Court to Approve Distribution

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

In a probate case a court order is required before you distribute (Probate Code Section 11600). Once the court orders distribution, debts are paid and 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. A petition for final distribution or a status report is due within one year after letters (18 months if a federal estate tax return is required) (Probate Code Section 12200).

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 $208,850 limit and small estate affidavit process may let some families avoid court for personal property

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
• Before the hearing: Mail notice of the petition to heirs and beneficiaries and publish it (DE-121)
• Weeks 8 to 16: Mail creditor notice (DE-157) and agency notices (Probate Code Section 9202)
• Week 12 (approximately): File inventory with court
• Month 4 (approximately): Creditor claim deadline passes
• Months 6 to 9: Prepare accounting; ask the court to approve it
• Months 9 to 18: Court orders distribution; distribute assets; obtain discharge from court

Total time: typically 9 to 18 months (Judicial Council estimate for formal probate; 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 organize the steps and dates it tracks with a task list and deadlines for California, alongside advice from an attorney when you need it.

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For specific questions about your California probate, consult an attorney licensed in California.