The probate process in California exists for residents who die without an estate plan or when a will is contested. It is essentially a court-supervised legal process for settling a deceased person’s estate. California law ensures that an estate’s assets are passed to the correct heirs after debts and taxes are paid. Learning how to start probate in California means reviewing the probate laws in California and those for the county where the deceased resided or owned property.

Managing Probate for an Estate in California

California probate laws define which estates go through probate depending on their value. The formal process of a probate case starts with the opening of the case, administration of the estate, and then the closing of the estate.

The probate process must be completed within one year or within 18 months if a federal tax return is required. All probate cases are handled by the county where the deceased resided or owned property. Probate cases are steadily increasing yearly, with the summary of the 2025 court statistics report for the California Supreme Court reporting 63,609 probate cases for fiscal year 2023-24.

The increase comes from the rising number of individuals in the senior population, the number of people who fail to perform estate planning, and rising real estate values. In fact, it is reported that only 13% of Americans have a trust, and 24% have a will.

When you start a probate case, be certain to gather all required documents, including a death certificate, will, financial statements, deeds, and asset records. Communicate with family members and known beneficiaries openly to help prevent disputes. Maintain accurate records throughout the probate process for documentation for the court and the other beneficiaries for accountability and transparency.

Probate Code in California

The first step is to determine if an estate requires probate. As of April 1, 2025, if there is no known will or trust, and the personal property value is less than $208,850, then there’s no need to go through the full probate process. The same applies if the main real estate property or home is worth less than $750,000; then there’s no need to go through the full probate process.

California probate laws are covered under the Probate Code. The Superior Court of California for each county publishes the county rules for probate. For example, San Diego County has a set of distinct probate rules that go along with the state probate code.

When a person passes away, their will must be delivered to the probate clerk’s office, and a copy must be sent to the executor of the will. If a valid will cannot be found, an administrator will be appointed by the court. The administrator will be responsible for paying debts and taxes, valuing the decedent’s assets, and distributing them to the beneficiaries.

The county rules are extremely detailed and contain complex instructions on filing forms, paying fees, and the format of documents. Consider hiring an experienced probate attorney to help guide you through the process to avoid delays caused by mistakes or missing documentation.

When to Hire a Probate Lawyer

Hire a probate lawyer for complex estates that include complex assets, debts, and real estate properties not passed through joint tenancy. An experienced probate lawyer can help ensure the correct forms and fees are delivered to the court on time. Additionally, legal guidance can be invaluable if a will or probate process is disputed by one or more family members or potential heirs.

A probate attorney also assists with identifying and valuing assets, paying debts and taxes, and managing disputes within California law. If the case heads to court, then a probate lawyer is there to handle litigation and finalize the administration and closure of the estate.

Experienced probate lawyer Paul V.L. Campo has been helping families in California for over 30 years with estate planning and administration processes such as probate. He is deeply involved with his community and is committed to helping his clients achieve their goals.

FAQs

Q: How Much Does Probate Cost in California?

A: The cost of probate in California depends on the fee structure for the county in which the deceased resided and whether there is a legal will. The initial filing fee for most California counties is under $500, and is $435 in San Diego County. However, the cost of probate can include fees for filing other forms, fees for the court, and lawyer fees if applicable. Many fees in California are waived for simple estates or those with fewer assets.

Q: How Do You Initiate Probate in California?

A: You initiate the probate process in California by filing Form DE-111 in the Superior Court in the county where the deceased lived or owned property. You will need to provide identification, a death certificate, and your relationship to the deceased. Next, as administrator, you must notify the heirs, beneficiaries, and creditors. Notices must also appear in a local newspaper prior to the court hearing date. It is wise to seek help from a seasoned probate attorney.

Q: How Long Do You Have to File Probate After Death in California?

A: To file probate after a death in California, you must deliver the will to the court or executor within 30 days of learning of the death. There isn’t a deadline for filing probate, but waiting too long can cause complications. Any interested individual has 120 days to petition the court to revoke a will after it is admitted to probate, and any heirs have 120 days from when they receive the notice to petition to challenge a trust.

Q: Can You Settle an Estate Without Probate in California?

A: Yes, you can settle an estate in California without going through probate. You can skip probate if all real estate property is held as joint tenancy, so it passes to the joint tenant automatically, or if real estate property is owned by a trust, or property is covered by a legal beneficiary agreement common to life insurance, IRAs, and other retirement funds. Additionally, if the estate value is below $208,850.

Contact Paul V.L. Campo for Help With Probate

At Paul V.L. Campo Attorney at Law, we can help you navigate the probate process and manage any disputes that may arise. Let us help you by providing legal guidance and support throughout the process. Contact us today to schedule a consultation.