Probate in California: An Executor's Step-by-Step

California probate has a reputation for being slow and expensive. Some of that is fair. But it's also one of the most predictable processes once you know the steps — here they are, in order, with what each one actually involves.

Full probate vs. the small-estate shortcut

Not every California estate goes through full probate. If the estate's value is under a threshold (around $184,500 for deaths on or after April 1, 2022 — it's adjusted periodically, so confirm the current figure), you may be able to use a small-estate affidavit and skip formal probate entirely. Real estate over that value almost always means full probate.

The document you're working toward

Full probate ends with the court issuing Letters Testamentary (if there's a will naming you) or Letters of Administration (if there isn't). That's your proof of authority.

California's statutory fees

California sets statutory fees for ordinary probate as a percentage of the gross estate, paid to both the attorney and the executor:

On a $700,000 home that's roughly $17,000 each for attorney and executor — a big reason Californians often use living trusts to avoid probate. Know this going in.

The steps, in order

  1. File a Petition for Probate (Judicial Council form DE-111) in the Superior Court of the county where the person lived, with the original will and the death certificate.
  2. Get a hearing date and publish notice in a local newspaper and mail notice to heirs.
  3. Attend the hearing; the court appoints you and issues Letters.
  4. Post a bond if required (see below).
  5. Notify creditors and allow the 4-month claim window to run.
  6. Inventory and appraise the estate — California uses a court-appointed Probate Referee to value non-cash assets.
  7. Pay debts and taxes, then petition the court for final distribution.

The bond requirement

California generally requires an executor bond unless the will explicitly waives it or all beneficiaries agree to waive. If you need one, a surety bond broker arranges it — our executor-bond guide walks through exactly how and what it costs.

When you need an attorney

Because statutory fees are the same whether or not you hire counsel, and because the process is long and form-heavy, most California executors use a probate attorney. Consider it strongly if there's real estate, a contest, or anything unusual. Our directory lists attorneys who do California probate specifically.

Foxglove is a guide, not a law firm. General information about California probate, not legal advice; thresholds and fees change — confirm current figures with the Superior Court or a qualified California attorney.