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California Probate Guide

County-specific probate court contacts, filing fees, required forms, and step-by-step estate settlement guidance for executors in California.

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California Probate Self-Help and Online Resources

For California probate, the most useful authoritative resources are the California Courts Self-Help Guide for general procedures, the Judicial Council forms library for statewide DE-series forms, California Legislative Information for the Probate Code, county Superior Court probate divisions for local forms and probate notes, and public law libraries for legal research support. The California Probate Code sections covering will lodging, small-estate affidavits, real-property shortcuts, and full administration are the legal text behind many procedure points.

Which California probate source should you use?

  • Start with California Courts Self-Help for general probate process questions and the formal-probate overview.
  • Use the California Courts Forms Library for current Judicial Council probate forms and form-number lookup.
  • Use California Legislative Information for Probate Code text, not case-specific filing advice.
  • Use the county Superior Court links below for local probate divisions, clerk contacts, filing paths, probate notes, local rules, fee references, and courthouse-specific resources.
  • Use public law libraries, referral services, and legal-education resources as research or referral paths; verify current filing steps with the court, clerk, public law library, or counsel.

California probate resource questions

Which California probate source should I start with?

Start with California Courts Self-Help for statewide probate process questions, use the California Courts Forms Library for current Judicial Council forms, and use the county Superior Court link for local probate division details, clerk contacts, filing paths, probate notes, local rules, and fee references.

Are California county probate court links different from statewide California Courts links?

Yes. Statewide California Courts pages explain general probate procedures and forms, while county Superior Court pages cover local filing paths, probate departments, probate notes, local rules, and courthouse-specific resources. Families should verify current steps with the court, clerk, public law library, or counsel.

Does the California Probate Resource Map replace legal advice?

No. The California Probate Resource Map is source navigation. It links to courts, public law libraries, referral resources, and legal-education material so families can find current source paths, but it does not decide eligibility, prepare filings, or replace advice from counsel.

Statewide process, forms, and code sources

California Courts and state code sources for general process questions, formal probate, Judicial Council forms, and Probate Code lookup.

County Superior Court sources

County court pages for local probate divisions, filing paths, probate notes, local forms, rules, fee references, and courthouse-specific resources.

Public law library sources

Public law library research paths for probate, wills, trusts, classes, guides, and community legal-information resources.

Referral-navigation sources

Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.

Settled complements these authoritative sources with plain-language explanations, county-specific filing packets, fee calculators built from California court fee schedules, and step-by-step executor guidance — pulling the procedural detail from the sources above into one consumer-translated workspace for the named executor or personal representative.

Types of Probate in California

California offers several probate procedures depending on estate value and circumstances.

Most Common

Full Probate

Court-supervised administration for estates that exceed California’s small-estate shortcuts or involve property outside those procedures.

Timeline
8-18 months
Attorney
Optional but strongly recommended
Statute
Probate Code § 8000 et seq.
Simplified

Small Estate Affidavit

Available for qualifying personal property after the 40-day waiting period.

Timeline
40+ days
Attorney
Optional
Statute
Probate Code § 13100
Property Shortcuts

Primary Residence Petition or Small-Value Real Property Affidavit

Special California procedures for qualifying primary residences or low-value real property.

Timeline
1-3 months
Attorney
Recommended
Statute
Probate Code §§ 13150, 13200

California Estate Law Overview

California Estate Tax Info

California tax information for estates

No
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax
Federal estate tax info

Federal estate tax only applies to estates exceeding $15,000,000 (2026).

Who Inherits Without a Will?

Intestate succession determines how a person's property is distributed when they die without a valid will.

View order of inheritance (no spouse)
  1. 1ParentsEqually to both parents, or all to surviving parent
  2. 2Siblings and their issueEqually to siblings; deceased sibling's share to their descendants per capita at each generation
  3. 3Grandparents and their issueHalf to maternal grandparents (or survivors/descendants), half to paternal grandparents (or survivors/descendants)
  4. 4Issue of predeceased spouseTo children and grandchildren of a predeceased spouse
  5. 5Next of kinTo nearest blood relatives in equal degree
  6. 6Parents of predeceased spouseTo parents of a predeceased spouse, or their issue

California Homestead Protection

California homestead law provides protection from forced sale by creditors, but unlike Florida, it has dollar limits and is NOT automatic. California homestead does not restrict how you devise (transfer at death) your home.

Exempt Property

California provides several exemptions that protect certain property from estate creditors and make sure the surviving spouse and children have basic necessities during probate administration.

Family Allowance

Reasonable amount determined by court - no statutory maximum - The surviving spouse, minor children, and adult children who were dependent on the decedent are entitled to a reasonable allowance for maintenance during probate.