What is California's small estate threshold?

California's small estate threshold is $184,500 (adjusted every 3 years). If the gross estate value is $184,500 or less, no court filing is required — a Small Estate Affidavit under Probate Code §13100 is presented directly to institutions. You must wait 40 days after death.

How to File Probate in California Yourself

Q: How much do California probate attorneys charge?

California sets attorney and executor fees by statute: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and so on. On a $750,000 estate, combined attorney and executor fees total over $30,000. Filing yourself eliminates the executor fee and attorney fee entirely.

Q: What is a California Probate Referee?

A California Probate Referee is a court-appointed appraiser who values all non-cash estate assets. They are required for all California probate cases and charge 0.1% of the appraised value. You don't choose them — the court assigns one.

Q: How long does probate take in California?

California probate typically takes 9–18 months minimum due to mandatory court hearings and the 4-month creditor notice period. Complex estates can take 2+ years.

California Probate at a Glance

California probate is handled by the Superior Court in the county where the deceased lived. California has one of the most involved probate processes in the country — but also one of the most compelling cases for filing yourself, given the statutory fee schedule that drives attorney costs sky-high on larger estates.

Small Estate Threshold

$184,500 gross (wait 40 days)

Probate Court

Superior Court (county of domicile)

Creditor Notice Period

4 months from letters issued

Typical Filing Fee

$400–$1,000+ (by estate value)

CA Estate Tax

None

CA Income Tax

Yes — up to 13.3%

Inventory Due

Within 4 months of appointment

Typical Timeline

9–18 months minimum

California's Statutory Fee Schedule — Why DIY Matters Most Here

California law sets attorney and executor fees based on the gross estate value — not the net value after debts. This means fees are calculated on the full appraised value of real estate, even if it has a large mortgage.

Estate Value	Attorney Fee	Executor Fee	Combined Total
$300,000	$9,000	$9,000	$18,000
$500,000	$13,000	$13,000	$26,000
$750,000	$19,000	$19,000	$38,000 (less executor fee if you waive it)
$1,000,000	$23,000	$23,000	$46,000

Filing yourself eliminates the attorney fee entirely. As executor, you're entitled to the executor fee — but you can also waive it (which is often tax-advantageous). Either way, the attorney fee savings alone are substantial.

Do You Need Full Probate?

Small Estate Affidavit — $184,500 Threshold

If the gross estate value is $184,500 or less (adjusted every 3 years under Probate Code §13100), no court filing is required. Wait 40 days after death, then present the signed affidavit to institutions. Applies to personal property — real estate may have additional requirements.

Full Probate (Superior Court)

Required when the estate exceeds $184,500 or includes real estate not held in a trust or joint tenancy. California probate involves more court appearances than most states, but is fully doable without an attorney for straightforward estates.

IAEA Authority: Always request Independent Administration of Estates Act (IAEA) authority in your initial petition. It lets you manage assets — sell real property, pay debts, make distributions — without returning to court for approval on each action. Most executors should request full IAEA authority.

The 14 Steps of California Probate

Determine if probate is required — Small Estate Affidavit ($184.5K), or full probate?
Organize essential information — dedicated email, tracking spreadsheet, forward mail
Handle household bills & memberships — cancel services, stop auto-payments
Notify government agencies — Social Security, CalPERS, VA
Obtain death certificates & the Will — get 5–8 certified copies
Apply for an Estate EIN — IRS.gov, instant online, free
Open an estate bank account — all estate funds flow through here
Appraise real estate & personal property — Probate Referee values non-cash assets
File the probate petition — Superior Court; request full IAEA authority
Notify creditors & file Inventory (DE-160) — publish notice; file Inventory with Referee's values
Manage & distribute assets — pay debts, distribute per the Will
File taxes — final 1040 and CA-540; estate returns 1041 and CA-541; up to 13.3% state income tax
Close the estate — Final Account and Order for Final Distribution (court hearing required)
Court forms guide — all DE- forms with field-by-field instructions

What Makes California Probate Different

The Probate Referee

California requires a court-appointed Probate Referee to appraise all non-cash estate assets — real estate, vehicles, investments, personal property. You don't choose them; the court assigns one from a rotating list. Their fee is 0.1% of the total appraised value. On a $500,000 estate, that's $500.

Court Hearings Required

Unlike Texas (Independent Administration) or Washington (Non-Intervention Powers), California probate requires court appearances at both the opening hearing and the final distribution hearing. This is why California cases take 9–18 months minimum even when everything goes smoothly.

No California Estate Tax

California has no state estate tax. The income tax is substantial (up to 13.3%), but there's no separate estate tax return to file at the state level.

Biggest opportunity: On a $600,000 California estate, the statutory attorney fee alone is over $16,000. Filing yourself and waiving the attorney saves every dollar of that. The guide covers every California-specific form, hearing, and deadline.

Frequently Asked Questions

How much do California probate attorneys charge?

California sets fees by statute: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000. On a $500,000 estate, the attorney fee alone is $13,000. The executor is entitled to the same fee. Combined, that's $26,000 — which you eliminate by filing yourself.

What is the small estate threshold in California?

$184,500 gross (adjusted every 3 years). If the estate's gross value is at or below this amount, no court filing is required — use the Small Estate Affidavit under Probate Code §13100. You must wait 40 days after death before presenting the affidavit.

What is a California Probate Referee?

A court-appointed appraiser required for all California probate cases to value non-cash assets. The court assigns them — you don't choose. They charge 0.1% of the appraised value. You submit form DE-160 (Inventory and Appraisal) to the court using the Referee's values.

How long does probate take in California?

9–18 months minimum. Mandatory court hearings at opening and closing, combined with the 4-month creditor period, make California probate inherently longer than most states. Complex estates can take 2+ years.

What is IAEA authority in California probate?

The Independent Administration of Estates Act lets you manage estate assets — sell real property, pay debts, make distributions — without returning to court for each action. Always request full IAEA authority on the initial petition. It makes California probate significantly more manageable.

Does California have an estate tax?

No. California has no state estate tax. However, California does have state income tax (up to 13.3%) — so the estate may need to file a state income tax return (Form 541) if it earns income during administration.

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