California Probate FAQs

Probate is the court-supervised legal process used to locate and safeguard a deceased person's assets, pay the estate's debts, and distribute what remains. The assets are inventoried (marshaled), creditors are paid from the estate, and the net assets are then distributed to the beneficiaries of the will — or, if there is no valid will, to the legal heirs under California's inheritance laws.

Even when the decedent left a will, probate is generally required to validate that will before its instructions can be carried out.

Probate begins when the petitioner files a Petition for Probate (California Form DE-111) with the superior court of the county where the deceased resided. In Los Angeles County, probate matters are heard at the Stanley Mosk Courthouse on N. Hill Street in downtown Los Angeles. The court then sets a hearing, and if the petition is granted, it appoints a personal representative and issues the letters that give that person authority to act for the estate.

Usually, yes. Even when the decedent left a will, probate is required to validate it. To be valid, the will must meet the criteria set by state law — for example, requirements about being written, witnessed, or notarized — and those criteria vary from state to state. Probate is how the court confirms the will qualifies and gives it legal effect.

Most California probates take about 9 to 18 months from filing to final distribution, and some conclude closer to 6 months. The actual time depends on the complexity of the estate, the types of assets and debts involved, and whether the personal representative has Full Authority or Limited Authority. A good team of advisors — attorney, CPA, and a probate-experienced real estate agent — makes the process meaningfully more efficient. See our California probate timeline for the step-by-step sequence.

In California, both the attorney and the personal representative are entitled to statutory fees paid from the estate, and each is paid the same amount. The fee is a formula based on the value of the estate, set by Probate Code section 10810: 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000, and 1 percent of the next $9 million. On top of statutory fees, expect court filing fees, the probate referee's appraisal fee, and the costs of preparing any real estate for sale. Many times it makes sense to spend money, if available, on repairs or improvements that increase the net proceeds of the sale by more than they cost.

When petitioning the court, the personal representative can request either Full or Limited Authority. Under Full Authority, the representative can sell the home without a court confirmation hearing, which keeps the sale on a normal escrow timeline. Under Limited Authority, the court retains important powers — including confirming the sale of real property — which lengthens the process because the representative must return to court for decisions and confirmations, and the sale may be subject to overbidding in the courtroom.

Yes — and in most cases you should start the sale process well before probate wraps up. Once you have been appointed, the home can be prepared, listed, and marketed, and offers can be solicited in parallel with the rest of the administration. Escrow simply cannot close until you hold letters testamentary or letters of administration (and, under Limited Authority, until the court confirms the sale). Waiting until the end of probate to start is one of the most common — and most expensive — mistakes we see.

Probate is best avoided ahead of time, through an estate plan that uses a living trust to hold and administer assets after death — the assets must actually be retitled into the trust to fund it. How title is held also matters: property held in joint tenancy or as community property with right of survivorship passes outside probate. Because probate can be expensive, planning ahead is well worth a conversation with an estate-planning attorney.

Yes. California allows simplified petitions when the estate's value falls below certain thresholds, which can bypass the full probate process. There are also petitions for special circumstances — for example, spousal property petitions, and the Heggstad petition, used when property was moved out of a living trust (commonly to refinance) and, in error, never retitled back into the trust before death.

No. Each state has adopted its own probate process, and while the broad strokes are similar, states differ on specific requirements and procedures. What matters is the law of the state where the deceased resided — everything on this page describes California.

Many agents are experienced at selling homes; far fewer know the probate process itself. A Certified Probate Specialist knows the sequence, the paperwork, and the constraints, helps you and your attorney stay on track, and problem-solves the probate-specific issues that surface mid-transaction. A probate specialist also brings a network of vendors — cleaning crews, clutter removal, estate-sale companies, repair contractors, storage and movers — to get an estate property ready for market.

Selling real estate during probate can trigger issues a specialist will be familiar and comfortable with solving — from securing a vacant property to sequencing the sale around court dates. Probate specialists are also more attuned to the dynamics of multiple heirs or beneficiaries, and to working toward solutions everyone can accept.

Most people facing probate have never been through it before, so the team matters. A good probate attorney makes the legal process manageable. If real estate must be sold to settle debts or distribute assets, add an agent certified in the probate process, who can also connect you with the other vendors you may need — clean-out crews, estate sales, repair people, storage, and movers. Round out the team with a CPA for the estate's tax filings. See who does what during probate.

For Los Angeles County, the LA Superior Court's self-help resources are at selfhelp.lacourt.org and lacourt.org. For Orange County, see the probate division at occourts.org.