If someone has died in California, start by identifying what they owned and how each asset is titled. Some property can pass through a trust, a named beneficiary, or survivorship ownership. Other property may need a simplified transfer procedure or formal probate.
This guide is for families handling an existing estate. If you are planning ahead for yourself, start with the California estate planning guide.
Start with an asset list
Gather the will, any trust and amendments, death certificates, recent account statements, and recorded property deeds. Make a list showing each asset, its approximate value, the name on the account or title, and any beneficiary designation. Keep a separate list of bills and expenses.
A will names intended beneficiaries and may nominate an executor, but it does not itself give that person court authority to administer probate assets. California Courts explains how the personal representative, trustee, and beneficiaries have different roles in its guide to property after someone dies.
Separate probate assets from other transfers
Make one row for each asset, even when several accounts are at the same bank. The institution’s beneficiary record and the actual ownership wording matter more than a family member’s recollection. An account described as “Mom’s savings” could be individually owned, jointly owned, payable on death, or held in her trust. Those arrangements can lead to different transfer procedures.
- Individually owned property without an effective beneficiary arrangement: investigate probate or a qualifying simplified procedure.
- An account with a surviving named beneficiary: request the institution’s claim instructions and confirmation of the designation.
- Property titled to a trust: locate the trust and identify the successor trustee; do not assume the executor also holds that role.
- Survivorship or transfer-on-death property: obtain the title documents and check the conditions before treating it as available for distribution.
The California Courts estate overview explains these different paths. Keep uncertain items marked “needs confirmation.” A will’s list of intended gifts does not establish that each asset belongs in probate, and a trust binder does not prove the house was transferred into the trust.
Two examples of why the asset list matters
Suppose a parent leaves an $80,000 account in their name alone and no other property counted toward the small-estate limit. An eligible successor may be able to use the personal-property affidavit after the waiting period, with the required supporting documents. If that parent also owned other countable assets, the account’s balance alone would not establish eligibility.
Now suppose the assets include a $600,000 California primary residence and a $50,000 individual account. The residence may fit the separate primary-residence petition, while the account requires its own analysis. Calling the whole estate “under $750,000” and presenting an affidavit to transfer the house would confuse two different procedures. These examples illustrate the questions to resolve, not a determination that a particular estate qualifies.
Can you use a small-estate procedure?
The date of death, asset type, and statutory exclusions matter. For deaths on or after April 1, 2025, these are important routes to investigate:
- Personal-property affidavit: the applicable estate-value ceiling is $208,850, with a waiting period of at least 40 days. The affidavit does not transfer real estate. Eligibility uses the statutory estate calculation, not just the balance in the account you want to collect.
- Primary-residence petition: a qualifying California primary residence valued at $750,000 or less may use a court petition after the required 40-day waiting period. This is a different procedure from the personal-property affidavit.
- Spousal or domestic-partner property petition: qualifying property passing to a surviving spouse or registered domestic partner may have another route.
Use the court’s simplified-transfer guidance to check the applicable procedure and exclusions. The DE-310 primary-residence petition includes appraisal and eligibility requirements. Do not use today’s limits for an earlier death without checking the applicable rules.
What happens in formal probate?
The process generally involves petitioning for appointment, giving required notices, identifying and valuing property, addressing creditor claims and taxes, and asking the court to approve distribution and close the estate. The court’s formal-probate overview explains the stages and forms.
Before distributing money, get advice about the estate’s obligations and the representative’s authority. A relative’s expectation of an inheritance is different from permission to withdraw or spend estate funds. Keep receipts and a record of every estate transaction from the beginning.
A practical sequence for the representative
1. Preserve documents and protect property
Locate the original will, secure the home, document valuables, and identify insurance and essential ongoing bills. Keep a log of expenses paid personally, with receipts, rather than assuming every payment will be reimbursed. Under Probate Code §8200, the will’s custodian generally must deliver it to the appropriate court clerk within 30 days after learning of the death, unless a probate petition has already been filed, and provide the required copy to the named executor or other specified recipient. Lodging a will is different from opening a probate case.
2. Request appointment and follow the notice process
Formal probate commonly begins with the Petition for Probate, form DE-111. The court’s process includes notice, a hearing, and appointment of a personal representative. Court-issued Letters document the appointment. Before signing a sale contract or moving funds, establish what authority has actually been granted and whether additional approval or notice is needed. A nomination in the will is not the same document as Letters.
3. Inventory and value the estate
Maintain supporting statements and valuations for the date of death. Inventory and Appraisal forms organize probate property; some valuations involve a probate referee. Under §8800, the inventory and appraisal generally must be filed within four months after Letters are first issued, unless the court allows more time. The court inventory guidance explains the forms and appraisal work.
4. Resolve obligations before distributing the balance
Track creditor notices, claims, taxes, expenses, and money received. Under §9100, the ordinary claim-filing deadline is the later of four months after Letters are first issued or 60 days after the required notice is mailed or personally delivered to the creditor. Exceptions and other limitations can matter. Do not treat an informal family agreement as permission to distribute money needed for valid obligations.
5. Account for the administration and request distribution
The final stage addresses the accounting, compensation, remaining property, and proposed distribution. Keep a transaction ledger throughout the case so the closing paperwork can be reconciled to bank records. The California Courts formal-probate guide supplies the official process overview and form references.
How long does California probate take?
Use the legal milestones above to build a calendar, but do not add them together as a guaranteed completion date. A house sale, missing records, disputed ownership, tax work, or a contested claim can change the schedule. Ask which task currently prevents the next stage and who is responsible for completing it.
Probate Code §12200 generally requires a petition for final distribution or a status report within one year after Letters are issued, extended to 18 months when a federal estate tax return is required. That reporting requirement is not a promise that every estate closes within a year. If progress stalls, a dated list of outstanding tasks is more useful than a generic average.
How are California probate fees calculated?
California Probate Code §10810 sets ordinary attorney compensation at 4% of the first $100,000, 3% of the next $100,000, and 2% of the next $800,000, followed by lower tiers. The calculation uses the estate accounted for under the statute; mortgages are not deducted as if this were a home-equity calculation.
| Statutory calculation base | Attorney fee |
|---|---|
| $500,000 | $13,000 |
| $1,000,000 | $23,000 |
The personal representative’s ordinary compensation is addressed separately in California Probate Code §10800. It can add to the cost if taken. Court expenses, appraisal costs, and extraordinary services are separate. These examples are not a flat quote or a percentage of everything the family owns.
Why home equity can give the wrong fee estimate
For illustration, a $750,000 property included in the statutory calculation produces an ordinary attorney fee of $18,000: $4,000 on the first $100,000, $3,000 on the next $100,000, and $11,000 on the remaining $550,000. A $400,000 mortgage does not turn that calculation into one based on $350,000 of equity. The actual estate calculation can also include other property and adjustments.
Ask for separate estimates for the attorney, representative, court and publication charges, appraisal, and any extraordinary work. Also ask whether the representative intends to take compensation. This makes it easier to compare proposals and prevents a statutory ordinary-fee example from being mistaken for the entire administration budget.
Does buying a will or trust help with this estate?
A new estate-planning package for you does not administer property already owned by someone who died. For that task, focus on the existing documents and transfer routes. If the experience also prompts you to organize your own affairs, make a separate list of your assets and beneficiaries; then compare a will, beneficiary arrangements, and a funded trust for your own needs. Keeping those two projects separate avoids paying for a document that does not solve the immediate problem.
Bring these questions to a probate consultation
- Which assets actually need court administration?
- Does a simplified procedure apply to this date of death and asset mix?
- Who has authority to protect, manage, or sell the home?
- What compensation and other expenses should the estate budget for?
Find a referral through the State Bar of California. For a home specifically, also read our California deed and inherited-home guide.
Print an asset-organizing worksheet
Use our free two-page California family asset worksheet (PDF) to record ownership, beneficiary evidence, values, and unanswered questions. Keep it with your private records; no signup is required. It helps organize the next conversation without pretending to decide legal eligibility.
By Randy Smith, founder of Family Estate Guide. Sources checked September 14, 2026. This guide provides educational information, not legal advice; it has not been reviewed by an attorney. Editorial standards.