California is a community property state. Only a decedent's one-half share passes through probate — the surviving spouse already owns the other half. Separate property (inheritances, gifts, pre-marriage assets) distributes under the will or intestate statute.
We’re not yet live in California — the guide below is still accurate, and you can join the waitlist to be the first to know when a California-licensed attorney is available.
California recognizes 2 paths. The right one depends on the will, the value of the estate, and whether all beneficiaries agree.
Independent Administration of Estates Act (IAEA). Personal representative acts with minimal court supervision. No court approval needed for property sales and most distributions.
Full court supervision required. Court approval needed for major actions including property sales and distributions. More expensive and time-consuming.
These are the filings ordered the way they actually happen in a typical California estate. Each deadline is keyed to the triggering event — death, letters issued, first publication — and tied to the statute.
File Petition to Probate Will and for Letters Testamentary (or Petition for Letters of Administration if no will) with Superior Court.
Mail notice of petition to heirs, devisees, and beneficiaries at least 15 days before hearing. Post notice in courthouse.
Publish Notice to Creditors in newspaper 3 successive weeks. Notice period begins with first publication.
File inventory of all known assets with values. Court-appointed probate referee required for appraisals of real property and tangible personal property (with exceptions).
Wait for creditor claims deadline. Claims must be filed with court and mailed to personal representative.
File final account with court showing all estate receipts, disbursements, and proposed distributions.
File Petition for Distribution of estate assets to beneficiaries per will or California intestacy law.
File Final Report or Order of Distribution. Court issues orders authorizing distribution and discharging personal representative.
After the personal representative is appointed, a notice to creditors must be published weekly for 3 weeks. Creditors then have a limited window to file claims; claims filed after the deadline are generally barred.
Direct mailing is also required to Known creditors, Heirs and beneficiaries.
If the gross estate is small enough, California allows a simplified path that skips most of the formal probate machinery. Faster, cheaper, and — done right — every bit as final.
Probate is filed in the county where the decedent lived at the time of death. A sample of active California courts:
Most California estates close within a year, though timing depends on the creditor claim period, any real property sales, tax returns, and whether any beneficiaries contest the will. A licensed California attorney can give a firm estimate after reviewing the estate.
Yes. If the gross estate is $184,500 or less and at least 0 days have passed since the date of death, you can generally use a small estate affidavit or collection procedure instead of full probate. Citation: Cal. Prob. Code §13100, §13200.
California recognizes independent or supervised administration. independent — Independent Administration of Estates Act (IAEA). Personal representative acts with minimal court supervision. No court approval needed for property sales and most distributions. supervised — Full court supervision required. Court approval needed for major actions including property sales and distributions. More expensive and time-consuming.
After the personal representative is appointed, a notice to creditors must be published weekly in a qualifying newspaper for 3 weeks. Creditors then have 0 months from first publication. Claims filed after the deadline are barred. Citation: Cal. Prob. Code §9050, §9100.
California is a community property state. Property acquired during marriage is presumed to be owned 50/50 by both spouses. On a decedent's death, only the decedent's one-half share passes through probate — the surviving spouse already owns the other half outright. Separate property (inheritances, gifts, pre-marriage assets) is classified differently and distributes under the will or intestate statute.
Court filing fees in California typically run $200–$500, plus publication costs of $100–$300 for the creditor notice. Attorney fees are the biggest variable — traditional hourly counsel on a routine estate often bills $5,000–$15,000, while flat-fee services like Closewell price the same work from $1,400–$4,500 depending on complexity. Bond premiums, appraisals, and tax preparation are additional.
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