A plain-English guide for families: what probate is, how long it takes, what it costs, and the common ways people plan around it.
In one minute
Probate is the court process for settling someone's estate after they die.
In California it typically takes 9 to 18 months, sometimes longer.1
The attorney and the executor are each paid a fee set by state law, based on the estate's full value, before any mortgage is subtracted.2
Many families use a living trust, beneficiary designations or other tools so that some or all of their property skips probate.
Part 1
What probate is
When someone dies, their property has to be transferred to the people who inherit it. Probate is the court-supervised way of doing that. A judge oversees the process, and a person called the executor (or administrator, if there's no will) does the work.
In plain terms, probate:
Confirms the will is valid, or applies California's rules if there is no will
Officially appoints the executor
Lists and values everything the person owned
Gives creditors a chance to be paid
Hands out what's left to the heirs, with the court's approval
When is it needed? Usually when someone leaves property in their name alone, with no living trust, no named beneficiary, and no co-owner who inherits automatically. A house titled only in a parent's name is a common example.
Probate court files are generally public, so the details of an estate can be seen by people outside the family.
Part 2
How long it usually takes
9–18 monthsTypical length of a formal probate in California, sometimes longer1
4 monthsMinimum window creditors get to file claims after the executor is appointed3
Here's the usual order of events:
File a petition with the courtA family member or the named executor asks the court to open probate.
Publish notice and attend a hearingNotice runs in a local newspaper, and the court holds a hearing.
Executor is officially appointedThe court issues "letters," which give the executor legal authority to act.
Creditor claim periodCreditors have at least 4 months from the date letters are issued to file claims.3
Inventory and appraisalEverything is listed and valued. A court-appointed probate referee appraises most non-cash assets.
Pay debts, file final accountingThe executor reports what came in and what went out.
Court approves distributionThe judge signs off, and the heirs receive their inheritance.
What makes it take longer? A contested will, family disagreements, hard-to-value assets like a business, property in more than one state, or trouble locating heirs.
Part 3
What it costs
California sets probate fees by law. The executor and the executor's attorney are each entitled to a fee for ordinary services, using the same schedule.2
Portion of the estate's value
Fee rate
First $100,000
4%
Next $100,000
3%
Next $800,000
2%
Next $9,000,000
1%
Next $15,000,000
0.5%
Above $25,000,000
Set by the court
The surprise for many families: the fee is based on the estate's full appraised value, "without reference to encumbrances." So a $800,000 house with a $500,000 mortgage still counts as $800,000.2
Example: an $800,000 estate
Step
Fee
4% of the first $100,000
$4,000
3% of the next $100,000
$3,000
2% of the remaining $600,000
$12,000
Attorney's statutory fee
$19,000
Executor's statutory fee (same schedule)
$19,000
Combined
$38,000
Try your own number
$
$19,000Attorney's statutory fee
$38,000Attorney + executor combined
Uses the statutory schedule only.2 Estates above $25 million show the fee up to $25 million; the court sets the rest. Executors can waive their fee, attorneys may ask the court for more for extra work, and court costs are separate. Educational estimate only.
Other costs to expect
Court filing fee: typically $435 to file the petition.1
Probate referee: 0.1% of the value of the property they appraise, plus expenses.4
Newspaper notice, certified copies, and sometimes a bond. Amounts vary by county and newspaper.
Part 4
Ways families avoid probate
Probate only applies to property that doesn't already have a plan for who gets it. These are the most common ways families give their property that plan. Each one has trade-offs, and the right mix depends on your situation.
A living trust
You move your property, like your house and accounts, into a trust while you're alive. You usually stay in control as trustee. When you die, a successor trustee you chose transfers it to your heirs without going to court.
Helps withKeeps the trust's property out of probate and generally private. Can also plan for incapacity.
Watch forCosts money to set up with an attorney. Only works for property actually put in the trust, so it needs upkeep.
Beneficiary designations
Retirement accounts, life insurance, and "payable on death" (POD) or "transfer on death" (TOD) bank and brokerage accounts go straight to the people you name.
Helps withUsually free and quick to set up with the bank or company.
Watch forOutdated names, like an ex-spouse, or no backup beneficiary. Paying a minor directly can create problems.
A transfer-on-death deed for a home
California allows a revocable deed that passes real estate to a named beneficiary when you die. It can be changed or cancelled while you're alive.5
Helps withA simpler option for a home than a full trust.
Watch forStrict signing and recording rules. The law is currently set to expire in 2032.5 Doesn't plan for incapacity.
Joint ownership
Property owned as "joint tenants with right of survivorship," or as community property with right of survivorship between spouses, passes to the surviving owner automatically.
Helps withSimple for married couples.
Watch forAdding a child as co-owner can expose the property to their debts or divorce and may have tax consequences. Only delays probate until the last owner dies.
Small-estate and spouse shortcuts
If an estate is small enough, heirs can use simpler paperwork instead of full probate. For deaths on or after April 1, 2025, the general limit is $208,850 in California property, and heirs must wait 40 days after the death.67 A surviving spouse or registered domestic partner may also be able to receive property through a simpler spousal property petition.78
Helps withSmaller estates and many married couples.
Watch forLimits change every three years, and some property doesn't count toward them. These shortcuts happen after death, so they aren't a plan on their own.