California probate costs 4-6% of your estate and takes 18-24 months. A living trust costs $400-$500 and avoids probate completely. Save your family time, money, and stress.
Probate is the court-supervised process of validating a will (or distributing assets if there's no will), paying debts and taxes, and transferring property to heirs. In California, probate is required for estates with gross assets exceeding $184,500, and for any real estate regardless of value.
California probate is one of the most expensive and time-consuming in the nation. The process typically takes 18-24 months, costs 4-6% of your gross estate value, and becomes public record.
A properly funded living trust avoids probate entirely—your assets transfer immediately to beneficiaries, privately, without court involvement.
California Probate Code §10810 sets statutory fees based on estate value. Here's what probate costs for typical California estates:
Living Trust Alternative: $400-$500 âś“
Living Trust Alternative: $400-$500 âś“
Living Trust Alternative: $400-$500 âś“
Understanding the lengthy, complex probate process in California:
File petition for probate with the Superior Court in the county where the deceased lived. Notify all heirs and beneficiaries. Publish death notice in local newspaper for 3 weeks (cost: $300-600). Court schedules hearing for executor appointment, typically 6-8 weeks after filing.
Court appoints executor (or administrator if no will). Executor posts bond (insurance policy costing 1-2% of estate value annually). Send formal notices to all creditors, beneficiaries, heirs, and government agencies. This notification period takes 4 months—nothing can be distributed during this time.
Court-appointed probate referee appraises all assets (cost: 0.1% of estate value). Prepare detailed inventory listing every asset, account, and property. File inventory with court. Manage estate assets, maintain properties, pay ongoing expenses. Every check requires court approval or attorney review.
Review and pay or reject creditor claims. File final income tax return for deceased and estate income tax returns. If estate taxes are owed (over $13M federally), file estate tax return. Resolve any disputes with creditors or beneficiaries. Each dispute adds months or years.
Prepare accounting showing all income, expenses, and asset values. File petition for final distribution detailing who gets what. Provide notice to all beneficiaries and wait for objection period. Court schedules final hearing, typically 2-3 months after filing.
Attend final court hearing. Judge approves distribution plan. Pay all remaining debts, taxes, and fees (attorney fees, executor fees, court costs). Transfer assets to beneficiaries. File receipts from beneficiaries. Close estate. Total elapsed time: 18-24 months minimum.
The 4-6% statutory fees are just the beginning. Here are additional costs:
Court-appointed appraiser charges 0.1% of estate value. On a $1M estate: $1,000. On a $2M estate: $2,000. This is in addition to attorney and executor fees.
Executor must post bond (insurance) costing 1-2% of estate value annually. For an 18-month probate on a $1M estate: $15,000-$30,000. This protects beneficiaries from executor misconduct but costs the estate thousands.
Legal notice in newspaper for 3 consecutive weeks: $300-$600 depending on county. This public notice invites creditor claims and alerts scammers to your estate.
Initial petition: $435-500. Subsequent filings for sales, distributions, accountings: $100-200 each. Total court fees: $1,000-$2,000+ depending on complexity.
Professional real estate appraisals for each property: $400-$800 per property. Business valuations: $5,000-$25,000. Collectibles, art, jewelry appraisals: $200-$2,000 each.
Estate accounting: $2,000-$5,000. Final income tax returns: $500-$1,500. Estate tax returns (if required): $5,000-$15,000. Beneficiaries also need tax guidance on inherited assets.
18-24 months of mortgage payments, property taxes, insurance, utilities, maintenance, and HOA fees on properties that can't be sold without court approval. For a $500K home: $30,000-$60,000 in carrying costs during probate.
Statutory fees cover only "ordinary" services. Any complications—disputes, sales, tax issues, litigation—trigger additional hourly fees of $300-$600/hour. These extraordinary fees can match or exceed statutory fees.
Living Trust Alternative: $400-$500 âś“
California has some of the highest probate fees in the nation—4-6% of your gross estate value. On a $1M estate, that's $47,500 in fees alone, not counting appraisals, accountants, or other costs.
Probate typically takes 18-24 months in California. Your family can't access or distribute assets during this time. Bills pile up, maintenance costs continue, and beneficiaries wait years for their inheritance.
Probate is public. Anyone can see what you owned, who inherited, how much they received, and all family disputes. This invites scammers, predators, and estranged relatives.
The court oversees everything—selling property, paying bills, distributing assets. Your executor must get permission for routine decisions, slowing everything down and adding legal fees.
If you own property in multiple states, your estate goes through probate in EACH state. This multiplies costs and delays.
The lengthy, complicated process creates stress during an already difficult time. Court hearings, creditor claims, and legal paperwork overwhelm grieving families.
A properly funded living trust avoids probate completely. Assets transfer immediately to beneficiaries, no court involvement, completely private. Cost: $400-$500 vs $27,000-$68,000+ for probate.
Property owned jointly with right of survivorship passes to the surviving owner without probate. However, this only works for two owners and creates other legal issues.
Retirement accounts, life insurance, and some bank accounts allow beneficiary designations. These assets avoid probate. However, this doesn't cover real estate or other property.
California allows transfer-on-death deeds for real estate. The property transfers to beneficiaries without probate, but this doesn't protect other assets or provide incapacity planning.
If you own a home or have assets over $184,500: A living trust is your best option. It avoids probate, provides incapacity protection, maintains privacy, and gives you complete control.
No. Estates under $184,500 can use a simplified small estate procedure. Real estate requires probate regardless of value. Living trusts, joint ownership, and beneficiary designations avoid probate.
Typically 18-24 months. Complex estates, disputes, or tax issues can extend this to 2-3 years or more.
No. A will does NOT avoid probate—it must be validated through probate court. Only a living trust, joint ownership, or beneficiary designations avoid probate.
Yes, unless the property is in a living trust, owned jointly with right of survivorship, or has a transfer-on-death deed. Real estate triggers probate regardless of estate value.
Estates with gross assets (excluding real estate) under $184,500 can use simplified small estate procedures instead of full probate. However, this doesn't include real estate—any real estate requires probate regardless of value unless in a trust.
Only with court permission and usually only if the executor is also a beneficiary. The executor must pay fair market rent to the estate. This requires court approval and accounting, adding complexity and costs.
The estate still goes through probate, but California intestate succession laws determine who inherits (spouse, children, parents, siblings, etc.). The court appoints an administrator. Probate takes just as long and costs just as much—or more without a will.
No, if they have named beneficiaries. These assets transfer directly to beneficiaries outside probate. However, if the estate is named as beneficiary (or there's no beneficiary), they go through probate.
California law prioritizes creditor claims. Valid debts, taxes, and administration expenses must be paid before beneficiaries receive anything. If debts exceed assets, beneficiaries get nothing. A homestead exemption may protect some equity in a primary residence.
Beneficiaries can petition the court to remove the executor and hold them personally liable for losses. The executor's bond (insurance) covers some losses, but legal battles to remove an executor can take years and add tens of thousands in legal fees.
Technically yes for very simple estates, but California probate is extremely complex. One mistake can delay the process years or create personal liability. Most courts strongly recommend—and some essentially require—attorney representation.
No. Liens, mortgages, and secured debts remain attached to the property. Beneficiaries inherit property subject to these debts. The property may need to be sold during probate to pay off secured creditors.
If the deceased's California estate (excluding real estate) is worth $184,500 or less, you may be able to use simplified small estate procedures instead of full probate:
For estates under $184,500 (excluding real estate), beneficiaries can collect assets by signing an affidavit—no court proceeding required. Wait 40 days after death, present the affidavit to banks, stock brokers, etc., and receive assets. Cost: minimal (notary fee only). Time: days or weeks instead of 18-24 months.
If the deceased's California real estate is worth $61,500 or less (very rare), you can use an affidavit to transfer it. Given California property values, this almost never applies. Most California real estate requires full probate or must be held in a living trust.
If the deceased left everything to their spouse or domestic partner, California allows a simplified spousal property petition. This is faster than full probate (3-4 months vs 18-24 months) and has lower fees, but still requires court involvement.
Small estate procedures help if you have minimal assets and no real estate. But given California property values, most homeowners and property owners need a living trust to avoid probate. A $400-$500 trust avoids probate on estates of any size—$184,500 or $10 million—it doesn't matter.
You cannot avoid probate if:
Any California real estate valued over $61,500 (which is almost all property) requires probate unless it's in a living trust, owned jointly with right of survivorship, or has a transfer-on-death deed.
Gross assets over $184,500 require full probate. This includes bank accounts, investment accounts, vehicles, personal property—everything except assets with beneficiary designations or joint ownership.
Bank accounts, investment accounts, vehicles, or property titled solely in your name (not joint, not in trust, no beneficiary) must go through probate.
If beneficiaries predecease you, disclaim their inheritance, or can't be located, those assets fall into your probate estate. If your estate is named as beneficiary on retirement accounts or life insurance, they go through probate.
Joint tenancy with right of survivorship works for the first death—property passes to the survivor. But when the second owner dies, the property goes through probate unless it's been transferred to a trust.
A properly funded living trust holds all your assets—real estate, bank accounts, investments, everything. When you die, your successor trustee distributes assets immediately according to your wishes. No probate. No court. No 18-24 month wait. No $27,000-$68,000+ in fees. Just simple, private administration of your estate.
Create a living trust for $400-$500. Save $27,000-$68,000+ in probate costs. Save 18-24 months.
âś“ Attorney-Reviewed âś“ 25+ Years Experience âś“ California State Bar #208356