California Probate Guide
County-specific probate court contacts, filing fees, required forms, and step-by-step estate settlement guidance for executors in California.
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California Probate Guides
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How to Avoid Probate in California
Transfer on death deeds, living trusts, and other ways to bypass probate court.
California Statutory Probate Fees
Understand what executors and attorneys get paid under California's fee schedule.
California Small Estate Affidavit
Transfer assets under $208,850 without probate using a simple affidavit.
California Spousal Property Petition
How surviving spouses can claim community property without full probate.
Types of Probate in California
California offers several probate procedures depending on estate value and circumstances.
Full Probate
Required for larger estates or when court supervision is needed.
- Timeline
- 8-18 months
- Attorney
- Required
Small Estate Affidavit
Available for smaller estates meeting specific criteria.
- Timeline
- 40+ days
- Attorney
- Recommended
Spousal Property Petition
For very small estates, may avoid formal probate entirely.
- Timeline
- 1-3 months
- Attorney
- Optional
California Probate Courts by County
58 counties with detailed data
California Estate Law Overview
California Estate Tax Info
California tax information for estates
Federal estate tax info
Federal estate tax only applies to estates exceeding $13,990,000 (2025).
The current high exemption amounts are scheduled to 'sunset' at the end of 2025, potentially dropping to approximately $6-7 million (adjusted for inflation).
Who Inherits Without a Will?
Intestate succession determines how a person's property is distributed when they die without a valid will.
View order of inheritance (no spouse)
- 1ParentsEqually to both parents, or all to surviving parent
- 2Siblings and their issueEqually to siblings; deceased sibling's share to their descendants per capita at each generation
- 3Grandparents and their issueHalf to maternal grandparents (or survivors/descendants), half to paternal grandparents (or survivors/descendants)
- 4Issue of predeceased spouseTo children and grandchildren of a predeceased spouse
- 5Next of kinTo nearest blood relatives in equal degree
- 6Parents of predeceased spouseTo parents of a predeceased spouse, or their issue
California Homestead Protection
California homestead law provides protection from forced sale by creditors, but unlike Florida, it has dollar limits and is NOT automatic. California homestead does not restrict how you devise (transfer at death) your home.
Exempt Property
California provides several exemptions that protect certain property from estate creditors and make sure the surviving spouse and children have basic necessities during probate administration.
Family Allowance
Reasonable amount determined by court - no statutory maximum - The surviving spouse, minor children, and adult children who were dependent on the decedent are entitled to a reasonable allowance for maintenance during probate.
Latest California Articles
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California Ancillary Probate: Multi-State Estate Guide
California ancillary probate for out-of-state property owners explained. Learn when ancillary probate is required, costs, timeline, and strategies to avoid it.
California Community Property Explained: What Happens at Death
California community property for probate and inheritance. Learn what qualifies, how it passes at death, and the double step-up tax benefit.
Creditor Claims in California Probate: 4-Month Deadline
California probate creditor claims process. Learn the 4-month deadline, notice requirements, how to reject claims, and debt priority.
California Executor Guide: Everything You Need to Know
California executor guide. Learn what an executor does in probate, legal requirements, timeline, fees, and how to fulfill your role.