Skip to main content

California Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in California.

Find Your County

Types of Probate in California

California offers several probate procedures depending on estate value and circumstances. The timeline varies by type: Full Probate typically takes 8-18 months, Small Estate Affidavit takes 40+ days, and Primary Residence Petition or Small-Value Real Property Affidavit can often be completed in 1-3 months.

See the full comparison of California probate typesWhich procedures exist, who qualifies, and how the timelines compare.

Find your county

California Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 58 counties have detailed data.

Show all 58 counties

Find a probate attorney in California

Connect with a probate attorney through your state's certified Lawyer Referral Service. Browse the certified directory to find one near you.

State Bar of California certified Lawyer Referral Services

Settled Estate is not a law firm and does not give legal advice.

Browse California guide topics

Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

Full guide library

California Probate Self-Help and Online Resources

California Estate Law Overview

California Estate Tax Info

California tax information for estates

No
State Estate Tax
No
Inheritance 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.

California Probate Questions

How much does probate cost in California?
California probate filing fees vary by county and type of administration. According to California court fee schedules, filing fees typically range from $200-$500 depending on the procedure. Additional costs include certified copy fees, publication notice fees ($50-$200), and potential bond premiums. Attorney fees may be statutory or hourly depending on state law. Use our free California fee calculator for county-specific estimates.
How long does probate take in California?
The timeline varies by type: Full Probate typically takes 8-18 months, Small Estate Affidavit takes 40+ days, and Primary Residence Petition or Small-Value Real Property Affidavit can often be completed in 1-3 months.
Do I need an attorney for probate in California?
California does not automatically require an attorney for every probate matter, but full probate is technical and legal representation is strongly recommended beyond the simplest small-estate shortcut.
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 attorney review?
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.