California Probate
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What Probate Actually Is, and Whether You Need It
Probate is the court process for transferring what someone owned after they die: proving the will if there is one, appointing someone to act, paying the debts and taxes, and distributing what is left. It is supervised by the Superior Court, and in San Diego County every probate is heard at the Central Courthouse downtown.
Not every estate needs it. Assets in a living trust, accounts with a named beneficiary and property held in joint tenancy pass outside probate entirely. And since April 1, 2025 a primary residence worth $750,000 or less can pass by a court petition rather than full administration, which takes a great many San Diego estates out of the process altogether.
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How a California Probate Runs
The sequence is fixed by statute. Knowing it is the difference between a case that closes in a year and one that drifts into two.
1. The Petition
A petition for probate is filed and a hearing set. There is no deadline to file, but whoever holds the will must deliver it to the court clerk within 30 days of learning of the death.
2. Notice and Publication
Every heir and beneficiary is given notice and the hearing is published. Notice defects are the most common reason a first hearing is continued.
3. Letters Issue
The court appoints the personal representative and issues Letters, which is the document banks and title companies actually want to see. The clock on everything else starts here.
4. Inventory and Appraisal
Due within four months of Letters. Real property is valued by a court-appointed probate referee, not by a realtor’s estimate.
5. Creditors
Creditors have until four months after Letters, or 60 days after they are given notice, whichever is later. Valid claims are paid before anyone inherits.
6. Accounting and Distribution
The court approves a final accounting, then orders distribution. Statutory attorney and executor fees are calculated on the gross value of the estate, not the equity.
Our probate fee calculator will show you what the statutory fees come to on an estate of your size. For the whole process in one place, download our free California Probate Guidebook.
Families Across California Trust Harbor Probate
Hear directly from the families we’ve helped.
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Rick White
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FAQs
Common Questions About California Probate
The questions families ask in the first conversation.
Q: How long does probate take in California?
Nine to eighteen months is typical. A simple estate with cooperative heirs closes at the short end; a contested one, or one with a business or out-of-state property, runs longer. The biggest avoidable delay is a defect in the paperwork that forces a hearing to be continued.
Q: How much does probate cost?
Attorney and executor fees are set by statute as a percentage of the gross value of the estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and lower percentages above that. Gross value, not equity, so a mortgaged house counts at its full value. Court fees, publication, the probate referee and any bond are on top.
Q: Can probate be avoided?
Often, yes. Assets in a living trust, accounts with a named beneficiary and jointly held property pass outside probate. Beyond that, California has simplified procedures with their own limits, including a $750,000 ceiling for a primary residence since April 2025.
Q: What happens if there is no will?
The estate passes under California’s intestate succession rules, which set a fixed order starting with the spouse and children. The court appoints an administrator rather than an executor. The process is otherwise much the same.
Q: Do I have to pay the fees myself?
No. Attorney fees, court costs and administration expenses are paid by the estate from its own assets, before anything is distributed. You are not funding it personally.
Each of these questions can have layers depending on your family’s circumstances. A quick conversation with a probate attorney is often the fastest way to get answers that apply to your specific situation.
Find Out Where You Stand
If someone close to you has died, a short call is usually enough to tell you whether probate is required at all, roughly what it will cost, and what the first step is. There is no charge for that conversation.