When Is Probate Required in California? A Step-by-Step Guide for Estates and Heirs (2025)
Are you wondering when probate is required in California? If you’ve recently lost a loved one, understanding the probate process can feel overwhelming. Whether there’s a will or not, California law often requires probate to legally transfer estate assets. This guide walks you through when probate is necessary, what assets go through probate, and how to avoid it when possible.
What Is Probate in California?
Probate is the legal process of settling a deceased person’s estate through the probate court. It involves proving the will (if one exists), appointing a personal representative (executor or administrator), identifying and valuing estate assets, paying debts and taxes, and distributing the remaining property to beneficiaries or heirs.
Not all estates need to go through probate in California. If a living trust or joint ownership is in place, probate might not be necessary. However, when the estate includes real property or personal property with no beneficiary and exceeds a certain value, probate is usually required.
When Is Probate Required in California?
Probate is required in California under several circumstances:
- The deceased person owned assets solely in their name
- The total value of probate assets exceeds $184,500 (as of 2025)
- There is no living trust or legal mechanism to bypass probate
- There is a will that must be validated by the court
- The person died intestate (without a will), and the court must apply intestate succession laws
Even with a will, the estate usually goes through formal probate unless all assets are placed in a revocable trust or pass by operation of law.
What Assets Go Through Probate?
Assets that are only in the decedent’s name and do not have a beneficiary designation are subject to probate. These can include:
- Real estate not held in joint tenancy or a trust
- Bank accounts with no named beneficiary
- Vehicles, art, or collectibles
- Business interests or intellectual property
- Investment accounts without transfer-on-death instructions
Non-probate assets include:
- Assets held in a living trust
- Life insurance policies with named beneficiaries
- Retirement accounts with designated heirs
- Joint tenancy property
- Community property with right of survivorship
When Probate May Not Be Required
In California, probate may not be required if:
- The estate qualifies as a small estate under California Probate Code §13100
- All estate assets are held in a living trust
- Property is held in joint tenancy or community property with right of survivorship
- The decedent had payable-on-death or transfer-on-death designations on accounts
Using estate planning tools like a revocable trust or joint ownership can save time, fees, and court involvement.
A Step-by-Step Guide to the California Probate Process
- File a petition for probate in the superior court of the county where the decedent lived
- Notify heirs, beneficiaries, and creditors
- Appoint an executor or administrator
- Inventory and appraise estate assets
- Pay valid debts and taxes
- Distribute remaining property to beneficiaries or heirs
- Close the estate and file a final accounting
This process can take 9 to 18 months or longer depending on the size of the estate and whether there are any disputes or creditor claims.
Who Manages the Probate?
The court appoints a personal representative — either an executor (if named in a will) or an administrator (if no will exists). Their responsibilities include managing the estate, communicating with creditors, paying debts and taxes, and distributing assets. This person may hire a probate attorney to help with legal filings and court appearances.
Common Probate Scenarios
Dying Without a Will
If someone dies without a will, their estate is considered intestate. California’s intestate succession laws determine how the estate is divided among surviving family members.
Will Contests or Disputes
Sometimes, heirs or beneficiaries dispute the validity of the will. Probate courts handle will contests, which can delay the process and require legal advice from an experienced probate attorney.
Estates With Debt
If the decedent had unpaid debts, creditors must be notified during probate. The estate pays off these debts before assets are distributed. If debts exceed the value of the estate, heirs are not personally responsible.
How Long Does Probate Take?
In most California counties, the probate process takes between 9 and 18 months. Delays can occur due to court backlogs, incomplete paperwork, disputes among heirs, or unresolved tax issues.
How Much Does Probate Cost?
Probate costs vary by estate size but often include:
- Court filing fees
- Probate attorney fees (set by law)
- Appraisal costs
- Executor compensation
- Bond fees (if required)
- Publication fees
Fees are paid out of the estate before any assets are distributed to heirs or beneficiaries.
Can Probate Be Avoided?
Yes, probate can often be avoided through careful estate planning. Common strategies include:
- Setting up a living trust and transferring assets into it
- Holding property in joint tenancy
- Naming beneficiaries on life insurance, retirement accounts, and bank accounts
- Keeping the estate value below the small estate limit
These steps allow for faster transfer of property without going through the probate court.
Do You Need a Probate Attorney in California?
While not legally required, hiring a probate attorney can simplify the process, especially if:
- The estate is large or complex
- There is no will
- There are disputes between heirs
- Creditors are aggressively pursuing claims
- There are tax complications
A probate attorney can also help file the petition for probate, represent the estate in court, and ensure that California probate laws are followed.
Why Estate Planning Matters
Without proper planning, your estate may be subject to delays, court involvement, and higher fees. Creating a revocable trust and organizing your property, bank accounts, and life insurance policies can reduce the burden on your loved ones.
Trust assets avoid probate entirely and allow your trustee to distribute your estate faster and more privately.
Summary: When Is Probate Required in California?
Probate is required when the decedent owned real estate or personal property without joint ownership or trust protection and the total value exceeds the small estate threshold. If you’re an executor, heir, or family member managing an estate, understanding the California probate process is crucial.
Knowing when probate is required in California helps you avoid costly delays and take the right steps forward.
Need Help With Probate in California?
Whether you’re in Los Angeles, Sacramento, or anywhere in the state, understanding your rights and responsibilities as a personal representative is key. We work with families every week who are facing probate or considering trust administration as an alternative.
Reach out today to get help with your probate case or to receive your free probate checklist.
Quick Probate Checklist
- Did the decedent have a will?
- Are any assets in a living trust?
- Is the total value of the estate over $184,500?
- Are there assets in the decedent’s name only?
- Are there named beneficiaries on accounts or insurance policies?
If you’re unsure, speak with a local probate attorney or estate planning expert to understand your next steps.
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