Quick Answer
A California probate is a court case in the superior court of the county where the person lived (Probate Code §7051). It has three parts. Opening: someone files a Petition for Probate (form DE-111), gives mailed and published notice at least 15 days before the hearing, and the judge appoints a personal representative, who receives letters. Administering: the personal representative notifies creditors, who have at least four months after letters to file claims (§9100), files an inventory and appraisal within four months after letters (§8800), and pays debts. Closing: the personal representative petitions for final distribution, which the law expects within one year after letters when no federal estate tax return is due (§12200), distributes under the court's order, and is discharged.
Key Takeaways
- Whoever has the original will must deliver it to the court clerk within 30 days after learning of the death (Probate Code §8200). The court charges $50 to lodge it.
- The first petition costs $435 to file, or $450 in Riverside and San Francisco counties (2026 statewide fee schedule).
- Notice of the first hearing goes to heirs and beneficiaries at least 15 days ahead (§8110), and the notice is published three times in a local newspaper (§8121).
- The personal representative has no authority over estate property until letters issue. Before that, the personal representative signs an oath, acknowledges the duties statement (DE-147) and posts any bond the court orders (§§8403, 8404, 8480).
- Creditor claims: four months after letters, or 60 days after a creditor is sent notice, whichever is later (§9100). The Franchise Tax Board must be notified within 90 days after letters (§9202).
- Final distribution petition or status report: within one year after letters, or 18 months if a federal estate tax return is required (§12200).
This guide follows a California probate from the day of death to the order discharging the personal representative, with the Judicial Council form and the Probate Code section for each step. What probate costs is a separate subject: our California probate fees guide works through the statutory fee schedule, and the California probate costs overview covers the totals.
Before the Case Is Filed
Lodge the original will within 30 days
Unless a probate petition is filed first, the person who has the original will must, within 30 days after learning of the death, deliver it in person or by registered or certified mail to the clerk of the superior court in the county where the estate may be administered, and deliver a copy to the person named as executor (Probate Code §8200(a)). A custodian who does not do this is liable for the damages that result (§8200(b)). The court's fee for receiving the will is $50 (Government Code §70626(d); 2026 fee schedule item 169), and it is reimbursed from the estate if a probate is opened (§8200(d)).
Who files, and where
Any interested person may start a probate at any time after the death (§8000). The executor named in the will usually does. A named executor who does not petition within 30 days after learning of the death and of the nomination may be held to have waived the right to serve, unless there is good cause for the delay (§8001). When there is no will, or the named executor cannot serve, Probate Code §8461 sets the order of priority for appointment as administrator: surviving spouse or registered domestic partner, then children, grandchildren, other issue, parents, brothers and sisters, and so on down to the public administrator and creditors. Who is qualified to serve, and the duties that come with the job, are covered in our guide for the executor of an estate in California.
The case is filed in the county where the person was domiciled at death, "regardless of where the decedent died" (§7051). A few examples from the courts' own rules:
- Los Angeles County: a decedent's estate must be filed in the Central District, unless the decedent lived or the petitioner lives in the North District, where it may be filed instead (Los Angeles Superior Court Local Rule 2.3(a)(1)(A)). Probate is heard at the Stanley Mosk Courthouse, 111 North Hill Street, downtown Los Angeles. Homeowners there can see how a trust keeps a house out of that courthouse on our Los Angeles living trust page.
- Orange County: probate cases are heard at the Costa Mesa Justice Complex, 3390 Harbor Boulevard, Costa Mesa, and civil and probate filings must be e-filed (Orange County Superior Court designation list, revised June 30, 2025). See our Irvine living trust page.
- San Diego County: the Probate Business Office is on the third floor of the Central Courthouse, 1100 Union Street, San Diego. The North County Regional Center in Vista has a drop box only. See our San Diego living trust page.
Check whether full probate is needed
Many estates never reach a DE-111 petition. Assets in a funded living trust, joint tenancy, or with a named beneficiary pass outside probate. For deaths on or after April 1, 2025, if the decedent's real and personal property in California is worth $208,850 or less, not counting property excluded by §13050 (such as trust, joint tenancy and payable-on-death assets) or a home passed by a §13151 petition, the successors can collect the personal property by affidavit after 40 days (Probate Code §13100), and a primary residence worth up to $750,000 can pass by a court petition under §13151 after 40 days. A surviving spouse can ask the court to confirm property passing to the spouse without administration (§13650). Each of these is explained in our small estate affidavit guide and our post on ways to avoid probate in California.
Phase One: Opening the Case
1File the Petition for Probate (DE-111)
The petition asks the court to admit the will (if there is one) and appoint a personal representative. Probate Code §8002 says what it must contain: the date and place of death; the decedent's street address and county of residence; the name, age, address and relationship of each heir and each beneficiary under the will, so far as the petitioner knows or can reasonably find out; the character and estimated value of the property; and the person to be appointed. A copy of the will is attached, with a typed copy if any material part is handwritten.
Three choices on the petition shape the rest of the case:
- Independent administration. The petition can ask for authority under the Independent Administration of Estates Act (Probate Code §10400 and following), full or limited. With it, the personal representative can do many things later without a court hearing (Step 7).
- Bond. A bond is required unless the will waives it or every beneficiary signs a written waiver attached to the petition (§8481(a)). Beneficiaries use form DE-142. The court can still order a bond for good cause (§8481(b)).
- Special administrator. If something cannot wait for the hearing, such as a business to run or property at risk, the court can appoint a special administrator with limited powers (§§8540, 8544), sometimes without notice (§8541).
The first petition costs $435 to file in most counties and $450 in Riverside and San Francisco counties (Government Code §§70650, 70602.5, 70602.6; Statewide Civil Fee Schedule effective January 1, 2026, item 124). The clerk gives the case a number and sets the hearing date and department.
2Give notice and publish (DE-121)
At least 15 days before the hearing, the petitioner must deliver notice of the hearing to every known heir and to each beneficiary, executor and alternate executor named in the will offered for probate (Probate Code §8110). The notice uses the Notice of Petition to Administer Estate (DE-121), whose wording is set by §8100. The courts' self-help guide points out that the notice must be mailed by another adult who is not a party; the petitioner cannot mail it.
The same notice is published in a newspaper of general circulation in the city where the decedent lived (§8121(b)). The first publication must be at least 15 days before the hearing, and three publications in a paper published at least weekly, with at least five days between the first and last, are sufficient (§8121(a)). The court will not hear the petition until an affidavit of publication is on file (§8124).
3The hearing and the Order for Probate (DE-140)
At the hearing the court must find the jurisdictional facts (date and place of death, California domicile or property, publication), whether there is a will, and that notice was served (§8005). Anyone who objects can appear or file written objections before the hearing; the DE-121 notice tells them so. If the judge has no questions about the petition, notice or publication and no one objects, the judge signs the Order for Probate (DE-140), which states the bond amount and whether independent administration is granted.
A will contest changes the pace. The contestant files a written objection, a summons is served on the people entitled to notice, and they have 30 days after service to respond (§8250). Once the order admitting a will or appointing a personal representative becomes final, it cannot be attacked collaterally except for extrinsic fraud or a mistaken finding of death (§8007).
4Qualify and receive Letters (DE-150)
Letters are the document banks, brokers, title companies and the county recorder ask for. Before the clerk issues them, the personal representative must:
- sign the oath to perform the duties of the office (§8403);
- file the acknowledgment of receipt of the Duties and Liabilities of Personal Representative statement, form DE-147 (§8404), with the confidential DE-147S if the county's local rule requires a birth date and driver's license number; and
- post the bond, if one was ordered (§8480). The court sets the amount, up to the estimated value of the personal property plus a year's gross income of the estate, plus the real property if independent administration covers it (§8482(a)). Personal sureties must give twice that amount (§8482(c)).
The letters say whether the personal representative may act under the Independent Administration of Estates Act and whether that authority includes selling, exchanging, optioning or borrowing against real property (§8405). Many deadlines in the rest of the case run from the date letters are first issued.
Phase Two: Administering the Estate
5Notify creditors and handle claims (DE-157, DE-172, DE-174)
The published notice reaches unknown creditors. Known or reasonably ascertainable creditors must also get a Notice of Administration to Creditors (DE-157) (§9050), sent by the later of four months after letters are first issued or 30 days after the personal representative first learns of the creditor (§9051).
A creditor must file a claim by the later of four months after letters are first issued or 60 days after the notice was mailed or personally delivered to that creditor (§9100(a)). The claim, usually on form DE-172, is filed with the court and a copy served on the personal representative (§9150). The personal representative allows or rejects each claim in writing, typically on DE-174, and files it with the court (§9250). If 30 days pass with no action, the creditor may treat the claim as rejected (§9256). A creditor whose claim is rejected must sue within 90 days after notice of rejection, or 90 days after the claim becomes due, or the rejected part is barred (§9353).
Within 90 days after letters are first issued, the personal representative or estate attorney must also send these notices (§9202):
- the Franchise Tax Board, in every estate whose letters issued on or after July 1, 2008;
- the Director of Health Care Services, if the decedent, or the decedent's predeceased spouse, received Medi-Cal; the department then has four months to file a claim;
- the California Victim Compensation Board, if the personal representative knows an heir or beneficiary is or was confined in a state prison or county jail; and
- the Department of Child Support Services, if the decedent had a court-ordered child support obligation (estates whose letters issue on or after January 1, 2026).
If the estate cannot pay every debt, Probate Code §11420 sets the order, after any priority that federal or state law gives to debts owed to the government: administration expenses, secured debts, funeral expenses, last-illness expenses, the family allowance, wage claims, and then general debts.
6Inventory and appraisal (DE-160, DE-161)
The inventory and appraisal is one combined document, due within four months after letters are first issued; the court can allow more time, and partial inventories can be filed along the way (§8800(a) to (c)). It must show, as far as the personal representative can tell, which property is community, quasi-community or separate (§8850(c)). With it, the personal representative certifies that a change in ownership statement has been filed with the county recorder or assessor of each California county where the decedent owned real property, or that the decedent owned none (§8800(d)).
Who values what:
- The personal representative values cash, checks for wages or refunds, bank accounts, money market funds, and lump-sum life insurance and retirement proceeds (§8901).
- Most other property, such as the house, stocks and business interests, is appraised by a probate referee chosen from those the State Controller appointed for the county (§§8900, 8920).
- The referee's commission is one tenth of one percent of the value the referee appraises, plus expenses (§8961), with a $75 minimum and a $10,000 maximum unless the court allows more (§8963).
Once letters issue, any interested person can file a request for special notice and must then be given notice of petitions, inventories and appraisals, accounts and status reports (§1250).
7Manage, sell and pay under independent administration (DE-165)
A personal representative with independent administration authority can run the estate without court supervision for most acts (§10500). For the larger ones, such as selling real property, the personal representative gives a Notice of Proposed Action (DE-165) to the heirs and beneficiaries at least 15 days before the date of the action (§10586). For a sale of real property the notice must state the material terms, including the price and the broker's commission (§10585(a)(3)).
- If no one objects in time, they lose the right to have the court review the action later (§10590), and a sale under full authority does not need court confirmation, publication of a notice of sale, or the rule that the price be at least 90 percent of appraised value (§10503).
- If someone objects in writing, an act that would normally need court approval goes to the court after all (§10589).
- With only limited authority, a sale, exchange, option or loan against real property always needs court supervision (§10501(b)).
- Even with full authority, the court must approve the personal representative's and attorney's compensation, accounts, preliminary and final distributions, and any deal between the estate and the personal representative or the attorney (§10501(a)).
Phase Three: Closing the Estate
8Final account and petition for final distribution
When the debts are paid or provided for and the estate is in a condition to be closed, the personal representative petitions for an order for final distribution (§11640(a)). The deadline to petition, or to file a report of status of administration explaining why the estate cannot close yet, is one year after letters issue, or 18 months if a federal estate tax return is required (§12200). (The federal basic exclusion amount is $15,000,000 per person for 2026.) A status report must be set for hearing and tell interested persons they have the right to petition for an account (§12201).
The petition normally comes with a final account: a financial statement and a report of administration listing creditor claims and what was done with each (§10900). The account can be waived if everyone entitled to distribution signs a written waiver or a receipt for their share; the personal representative still files a final report that shows the compensation paid or requested and how it was figured (§10954). Notice of the hearing goes out at least 15 days before it (§§1220, 11601). The statutory compensation of the personal representative and the attorney under §§10800 and 10810 is usually requested in this petition; our probate fees guide and the probate cost calculator show the amounts.
9Distribute and get discharged (DE-295)
Once the order settling the final account and for final distribution is entered, the personal representative may distribute immediately, without further notice (§11641). Real property passes by recording the court's order of distribution or a personal representative's deed. The personal representative then files receipts from every distributee and, for real property, the recording information (§11753(b)). On an ex parte petition (DE-295), the court discharges the personal representative from liability incurred after that point (§12250).
California Probate Timeline: A Worked Example
The Probate Code does not set one overall length for a probate. It sets deadlines that run from the death, from the hearing date and from the date letters issue. Hearing dates are set by each court's clerk, so the dates below for the hearing and letters are only an illustration. The other dates follow from the statutes.
Example: Maria dies on January 10, 2026, a resident of Pasadena, leaving a house in her own name and a will naming her son as executor. Her son learns of the death that day and has the original will.
| Date | What happens | Rule |
|---|---|---|
| January 10, 2026 | Death | |
| By February 9, 2026 | Petition for Probate (DE-111) filed with the will in the Los Angeles Superior Court, inside the son's 30 days (otherwise the original will must be lodged with the clerk by this date); the clerk sets a hearing, say March 30, 2026 | §§8001, 8002, 8200 |
| By March 15, 2026 | DE-121 notice delivered to heirs and beneficiaries; first of three newspaper publications (for example March 12, 19 and 26) | §§8110, 8121 |
| March 30, 2026 | Hearing; Order for Probate (DE-140) | §8005 |
| April 6, 2026 (example) | Oath, DE-147 and any bond filed; Letters (DE-150) issue | §§8403, 8404, 8480 |
| By July 5, 2026 | Notices to the Franchise Tax Board and, where they apply, Health Care Services, Victim Compensation Board and Child Support Services | §9202 |
| By August 6, 2026 | Inventory and appraisal (DE-160) due; DE-157 notices to known creditors due | §§8800, 9051 |
| August 6, 2026 | Four-month creditor claim period ends (later for a creditor sent notice less than 60 days before) | §9100 |
| After the claim period, when claims are resolved | Petition for final distribution, with account or waivers; hearing at least 15 days after notice | §§11640, 1220, 11601 |
| By April 6, 2027 | Petition for final distribution or status report due (no federal estate tax return) | §12200 |
| After the order | Distribution, receipts, recording of the order for the house, ex parte discharge (DE-295) | §§11641, 11753, 12250 |
In this example the claim period alone runs to August 6, 2026, roughly seven months after the death, so the estate cannot be in a condition to close before then, and later if any claim is still unresolved (§§9100, 11640). The California courts' self-help guide says the entire formal probate process "typically takes 9 to 18 months and can sometimes take even longer."
What Makes a Probate Run Longer
The delays that matter most are built into the Probate Code, not just court calendars:
- A will contest. The objection, summons and 30-day response period under §8250 have to run before the will can be admitted, so the court may need a special administrator in the meantime.
- A rejected creditor claim. The creditor has 90 days to sue (§9353), and the estate cannot close until the claim is paid, settled or provided for (§11640).
- Selling the house without full authority. With limited authority, or after a written objection to a Notice of Proposed Action, the sale needs a court confirmation hearing (§§10501(b), 10589).
- A late appraisal. The court can set a deadline for the referee, remove the referee, or reduce the commission (§8941), but each of those is another hearing.
- A federal estate tax return. It moves the closing deadline to 18 months after letters (§12200).
- Missing heirs or beneficiaries. Notice must reach everyone entitled to it, and property for a beneficiary whose whereabouts are unknown involves the State Controller (§11601(e)).
Where Probate Costs Fit In
Every step above has a cost: the filing fee, newspaper publication, the referee's commission, any bond premium, and the statutory compensation the court awards at the end. Those figures are worked out in our California probate fees guide, and you can run your own estate value through the probate cost calculator.
How a Living Trust Changes the Process
Property held in a funded revocable living trust is not part of the probate estate, so none of the nine steps apply to it. The successor trustee named in the trust takes over without a petition, publication, letters or court hearings, and follows the trust's own instructions. The trustee still has legal duties to beneficiaries and heirs, which our successor trustee checklist walks through. The trust has to actually hold the property: a house still titled in your own name goes through the steps above. Through our office, keeping a California home out of probate costs a $400 trust plus a $100 deed, or a $500 trust for a married couple plus the deed.
If you are deciding whether you need one, start with do I need a living trust in California, or call the office at (818) 337-4071.
Keep Your Home Out of Probate Court
An attorney-prepared California living trust: $400 for one person, $500 for a married couple. Deed preparation is $100 per property.
Create Your Living TrustFrequently Asked Questions
How long does probate take in California?
The Probate Code sets the minimum pieces: notice at least 15 days before the first hearing, a creditor claim period of at least four months after letters issue (Probate Code §9100), and an inventory due within four months after letters (§8800). The personal representative must petition for final distribution or file a status report within one year after letters, or 18 months if a federal estate tax return is required (§12200). The California courts' self-help guide says the entire formal probate process "typically takes 9 to 18 months and can sometimes take even longer."
What forms open a probate case in California?
The Petition for Probate (Judicial Council form DE-111) starts the case. The petitioner also uses the Notice of Petition to Administer Estate (DE-121) for mailing and publication, the Order for Probate (DE-140), the Duties and Liabilities of Personal Representative (DE-147) and the Letters (DE-150). Beneficiaries who agree to waive bond sign DE-142. The first petition costs $435 to file in most counties and $450 in Riverside and San Francisco counties.
Does the executor have to post a bond?
Not always. Probate Code §8480 requires a bond before letters issue unless the will waives it or all beneficiaries waive it in writing (§8481). The court can still require a bond for good cause. When a bond is required, it can be no more than the estimated value of the personal property plus a year of the estate's gross income, plus the real property if the personal representative has independent authority over it (§8482).
What is the deadline for creditors to file claims?
A creditor must file a claim by the later of four months after letters are first issued or 60 days after the personal representative mailed or delivered a notice of administration to that creditor (Probate Code §9100). The personal representative must send that notice (form DE-157) to known creditors by the later of four months after letters or 30 days after learning of the creditor (§9051).
Can the executor sell the house without a court hearing?
Yes, if the court granted full authority under the Independent Administration of Estates Act. The executor sends a Notice of Proposed Action (DE-165) at least 15 days before the sale (Probate Code §10586), stating the price and the broker's commission (§10585). If no one objects, the sale closes without court confirmation (§10503). With limited authority, or after a written objection, the sale goes to the court (§§10501, 10589).
What happens to the original will after a death?
Whoever has the original will must deliver it to the superior court clerk in the county where the estate will be administered within 30 days after learning of the death, and send a copy to the named executor, unless a probate petition is filed first (Probate Code §8200). The court charges $50 to lodge a will (Government Code §70626(d)). A named executor who does not petition within 30 days after learning of the death and of the nomination may be held to have waived the right to serve, unless there is good cause for the delay (§8001).
Does every estate have to go through this process?
No. Assets in a funded living trust, in joint tenancy or with a named beneficiary pass outside probate. For deaths on or after April 1, 2025, if the decedent's real and personal property in California is worth $208,850 or less, not counting property excluded by §13050 (such as trust, joint tenancy and payable-on-death assets) or a home passed by a §13151 petition, the successors can collect the personal property by affidavit after 40 days (Probate Code §13100), and a primary residence worth up to $750,000 can pass by a court petition under §13151 after 40 days instead of full probate.
Sources
Checked October 6, 2026. Statute text was read at california.public.law, which reproduces the official leginfo text (accessed October 5, 2026); the links below go to the official California Legislative Information pages. Forms and fees were read on courts.ca.gov.
- If you need formal probate, California Courts Self-Help Guide
- Statewide Civil Fee Schedule effective January 1, 2026 (items 124 and 169, county appendix), Judicial Council of California
- Probate Code section 890 adjusted dollar amounts, Judicial Council of California
- Form DE-111, Petition for Probate
- Form DE-121, Notice of Petition to Administer Estate
- Form DE-140, Order for Probate
- Form DE-142, Waiver of Bond by Heir or Beneficiary
- Form DE-147, Duties and Liabilities of Personal Representative
- Form DE-150, Letters
- Form DE-157, Notice of Administration to Creditors
- Form DE-160, Inventory and Appraisal
- Form DE-165, Notice of Proposed Action
- Form DE-172, Creditor's Claim
- Form DE-174, Allowance or Rejection of Creditor's Claim
- Form DE-295, Ex Parte Petition for Final Discharge and Order
- Los Angeles Superior Court Local Rules, Chapter 2 (Rule 2.3, filing locations)
- Court designation list, revised June 30, 2025, Orange County Superior Court
- Probate Business Office, San Diego Superior Court
- What's new, estate and gift tax (2026 basic exclusion amount), IRS
- Probate Code §7051 (venue)
- Probate Code §§8000, 8001, 8002, 8005, 8007 (petition and hearing)
- Probate Code §§8100, 8110, 8121, 8124 (notice and publication)
- Probate Code §8200 (lodging the will)
- Government Code §70626 ($50 will lodging fee)
- Probate Code §8250 (will contest)
- Probate Code §§8403, 8404, 8405 (oath, duties statement, letters)
- Probate Code §8461 (priority for appointment as administrator)
- Probate Code §§8480, 8481, 8482 (bond)
- Probate Code §§8540, 8541, 8544 (special administrator)
- Probate Code §§8800, 8850 (inventory and appraisal)
- Probate Code §§8900, 8901, 8920, 8941 (who appraises)
- Probate Code §§8961, 8963 (referee commission)
- Probate Code §§9050, 9051 (notice to creditors)
- Probate Code §9100 (claim deadline)
- Probate Code §§9150, 9250, 9256, 9353 (filing, allowing and rejecting claims)
- Probate Code §9202 (notices to state agencies)
- Probate Code §§10400, 10500, 10501, 10503 (independent administration)
- Probate Code §§10585, 10586, 10589, 10590 (notice of proposed action)
- Probate Code §11420 (order of paying debts)
- Probate Code §§10900, 10954 (account and waiver of account)
- Probate Code §§11601, 11640, 11641, 1220 (final distribution and notice)
- Probate Code §§12200, 12201 (time to close)
- Probate Code §§11753, 12250 (receipts and discharge)
- Probate Code §§13100, 13151, 13650 (alternatives to full probate)
- Probate Code §1250 (request for special notice)
