How to File Probate in California: Step-by-Step Guide

Step 1

Decide Whether You Can Skip Full Probate

Before you file probate in California, review the decedent’s assets, how each asset is titled, and the value of the property that may be subject to probate. Some estates qualify for a simplified procedure instead of full probate.

• Small Estate Affidavit (personal property): For deaths on or after April 1, 2025, you may collect personal property without probate if the estate subject to the affidavit is $208,850 or less. For deaths between April 1, 2022, and March 31, 2025, the limit was $184,500.
• Primary Residence, Petition to Determine Succession: For deaths on or after April 1, 2025, a decedent’s primary residence up to $750,000 can use this simplified court process.
• Affidavit re Real Property of Small Value: Real property that does not qualify under the primary-residence procedure above may qualify for this affidavit if the total qualifying California real property is $69,625 or less for deaths on or after April 1, 2025.

Even when most assets pass outside probate, an overlooked asset can still require a probate procedure. For example, an old bank account, stock, or other property left solely in the decedent’s name may be discovered after other assets have already transferred.

If a simplified procedure does not apply and assets require formal administration, you may need to proceed with formal probate in California.

Step 2

File the Petition for Probate

Formal probate generally begins by filing a Petition for Probate with the Superior Court in the county where the decedent lived. California probate requirements can vary by county because courts may have local forms, filing procedures, and document requirements.

The primary Judicial Council form is DE-111, Petition for Probate. The petition asks the court to open probate, appoint a personal representative, and authorize the issuance of Letters. Although DE-111 is only four pages, completing a probate petition may require attachments, supporting information, and additional forms depending on the estate.

Because petition preparation is a separate and detailed part of the California probate process, see our guide to filing a Petition for Probate in California for filing procedures, notice requirements, court expectations, and common filing mistakes.

Step 3

Give Notice, Mail and Newspaper Publication

After the petition is filed and a hearing is scheduled, California probate requires both mailed notice and publication of the Notice of Petition to Administer Estate.

• Mailed notice: Mail the required notice to heirs, beneficiaries, and other persons entitled to notice. If an heir or beneficiary lives outside the United States, identify the correct address early because international notice and communication can add time to the case.
• Where to publish: Publish notice in a newspaper of general circulation in the city where the decedent lived. If none exists, publish in a proper county newspaper.
• How many times: Publish the notice three times in a newspaper published weekly or more often.
• Timing: The first publication must be at least 15 days before the hearing, with at least five days between the first and last publication dates. Do not count the publication dates themselves.
• Proof of publication: File proof of completed publication before the hearing.

Step 3A

Attend the First Probate Hearing and Receive Your Letters

After filing the Petition for Probate and completing the required notice and publication, the court holds the initial probate hearing. At the hearing, the judge reviews the case and determines whether to appoint the proposed personal representative. An executor serves when appointed under a will, while an administrator generally serves when there is no will or no executor is available.

What Happens at the Hearing?

• The judge reviews the petition, proof of mailed notices, proof of publication, and other required documents.
• If the paperwork is complete and there are no unresolved objections or other problems, the court may approve the petition and appoint the personal representative.
• If documents are incomplete, additional information is required, or an objection must be resolved, the court may continue the matter to another date.

What Are “Letters” in Probate?

Once the court signs the Order for Probate and you satisfy the required conditions, the court can issue certified Letters. These documents provide proof of the personal representative’s legal authority to act for the estate.

• Letters Testamentary generally apply when the court appoints an executor under a valid will.
• Letters of Administration generally apply when there is no will or no executor is available to serve.

After appointment, the personal representative may need certified Letters to:

• Access and manage estate bank accounts.
• Collect and safeguard estate property.
• Handle real property and record documents when necessary.
• Deal with creditors, financial institutions, and government agencies.

This appointment begins the main estate-administration phase of the California probate process.

Step 4

Inventory, Appraisal, and Estate Administration

Once the personal representative receives Letters, the estate enters the main administration phase. During this period, the representative identifies and manages assets, addresses creditor and government matters, pays expenses, handles taxes, and keeps accurate financial records.

Prepare the Inventory and Appraisal

• A general personal representative must file the Inventory and Appraisal (Form DE-160) within four months after the court first issues Letters.
• Identify estate assets, including real estate, bank accounts, vehicles, investments, and personal property.
• For the appraisal, the personal representative values certain cash items, while the court-appointed Probate Referee generally values most non-cash property that requires appraisal.
• The Probate Referee’s statutory fee is 0.1% of the appraised value, subject to a $75 minimum and $10,000 maximum unless the court allows a greater amount.

If an appraisal appears inaccurate, address the valuation before closing the estate when necessary. More complicated valuation disputes should be handled separately rather than delaying the remaining administration unnecessarily.

Send Required Notices to Government Agencies

Depending on the estate, the personal representative may need to send notices to government agencies such as:

• California Franchise Tax Board (FTB).
• California Department of Health Care Services (DHCS), including matters involving possible Medi-Cal estate recovery.
• California Victim Compensation Board when applicable.

Address Creditor Claims

• Provide required notice to known or reasonably ascertainable creditors.
• Review any Creditor’s Claims (DE-172) filed in the estate.
• Allow or reject claims as appropriate.
• Pay valid debts and estate expenses before final distribution.

Keep Accurate Estate Records

Keep detailed records of estate income, expenses, distributions, property transactions, and other financial activity. These records are important when preparing the final accounting or supporting a request to waive an accounting.

Step 5

Pay Debts, Taxes, and Administration Costs

Before closing the estate, the personal representative must resolve remaining financial obligations. This may include creditor claims, taxes, mortgages, property expenses, and costs of administering the estate.

• File the decedent’s final personal income tax return.
• File estate income tax returns when required.
• Pay allowed creditor claims and other valid debts.
• Pay mortgages, property expenses, and administration costs.
• Keep documentation of payments, receipts, and estate transactions for the final accounting or closing petition.

Good records are essential because the representative must account for the administration of the estate when preparing to close probate in California.

Step 6

Petition for Final Distribution and Close the Estate

When administration is substantially complete, the personal representative asks the court for authority to distribute the remaining estate assets and close the probate case. The personal representative generally does this through a Petition for Final Distribution.

What Does the Petition for Final Distribution Cover?

The Petition for Final Distribution summarizes the estate administration and asks the court to approve the proposed distribution. Depending on the case, it may address:

• Assets remaining in the estate.
• How property will be distributed among heirs or beneficiaries.
• Creditor claims, debts, taxes, and administration expenses.
• A probate accounting or a request to waive an accounting when permitted.
• Reimbursement of appropriate estate expenses.
• Statutory compensation or other fees requested in the petition.
• Prior or preliminary distributions that need to be reported to the court.

This is another area where complete records matter. Before authorizing final distribution, the court reviews the petition and supporting information.

What Happens at the Final Hearing?

At the final hearing, the judge reviews the Petition for Final Distribution, accounting or accounting waiver when applicable, required notices, and any objections. The court may approve the petition, require corrections or additional information, or continue the hearing if an issue remains unresolved.

Once the court signs the Order for Final Distribution, the personal representative may make the court-approved distributions.

Distribute the Assets

Next, the personal representative carries out the court-approved distributions. This can include transferring money, investments, personal property, and real estate. For real property, the representative may need to prepare and record deeds or other transfer documents. See our California real property transfer guide for more information.

Recipients generally sign receipts confirming the property they received. The representative should retain copies of receipts, deeds, closing statements, and other distribution records.

Obtain the Final Discharge

After completing the court-approved distributions and filing the required receipts, the personal representative can file an Ex Parte Petition for Final Discharge and Order (DE-295). This is typically handled without another hearing.

Once the court issues the Order for Final Discharge, the personal representative’s court duties end. If the estate required a probate bond, notify the bonding company so it can close the bond.

For the detailed closing procedure, see our guide on how to close probate in California.

Overall timeline: Most California probate cases take 9 to 12 months. By law, you may not file for Final Distribution until at least four months after the court issues Letters.

These timeframes are estimates, not guarantees. A straightforward California probate may move through these phases relatively smoothly. However, court delays, disputes, real estate issues, creditor problems, or tax matters can extend the process.