California Probate Information

The single most common probate mistake in California is starting court paperwork before the personal representative knows what is actually in the estate. The path that applies — small-estate affidavit, Petition to Determine Succession to Real Property, Spousal Property Petition, or full IAEA probate — turns entirely on the value and the type of assets. Filing the wrong petition wastes the $435 filing fee, costs months of delay, and sometimes commits the family to a process they did not need.

Before filing anything, identify every bank, brokerage, retirement plan, life insurance policy, business interest, and parcel of real estate the decedent owned. Identify every debt, mortgage, line of credit, judgment, and tax obligation. Only then is it possible to choose the correct path, calculate the right fees, and decide whether an attorney is necessary. Sunset's asset-discovery work — searching more than 2,300 financial institutions — exists for this step.

California probate is handled by the Superior Court of California, Probate Division. There are 58 counties, each with its own probate division. The venue for filing is the decedent's county of domicile at the time of death (Cal. Prob. Code § 7051). For non-residents who owned California real property, ancillary administration is filed in the county where the property sits.

There is no separate Surrogate's Court in California; probate is one division within the general-jurisdiction Superior Court. Contested matters, will contests, and complex administration all stay within the same court — there is no second court to escalate to. Some large counties (Los Angeles, San Francisco, Alameda, Orange) run probate examiner systems where examiners pre-review petitions and post deficiency notes that must clear before the hearing.

Community property. California is one of nine community-property states. Only the decedent's one-half interest in community or quasi-community property enters probate. The other half already belongs to the surviving spouse. When the entire estate is community property and passes to the surviving spouse, the Spousal Property Petition is usually the right path — a single hearing closes the case in 5–9 weeks with no creditor period, no inventory, and no accounting.

Proposition 19 reassessment. For deaths on or after February 16, 2021, the parent-to-child exclusion from property-tax reassessment is limited to the decedent's primary residence and is capped at $1 million above the assessed value. Inherited non-primary-residence real property is reassessed to market value, which can significantly increase property taxes. The child must claim the exclusion (BOE-19-P) within one year of the date of death.

Family allowance. The probate court may order a family allowance during administration to support the surviving spouse and minor children (Cal. Prob. Code §§ 6540–6545). The allowance comes out of the estate before distribution.

Homestead. The court may set apart the dwelling for the surviving spouse and minor children (Cal. Prob. Code §§ 6520–6528).

Probate referee. Non-cash assets (real estate, securities other than publicly traded stocks, business interests) must be appraised by a probate referee appointed by the State Controller. The fee is 0.1% of appraised value with a $75 minimum (Cal. Prob. Code § 8963). The personal representative completes Attachment 1 to DE-160 (cash assets); the referee completes Attachment 2.

DHCS / Medi-Cal notice. If the decedent was 55 or older at death or received Medi-Cal benefits at any time, the personal representative must notify the California Department of Health Care Services within 90 days. Failure to notify can create personal liability for the personal representative (Cal. Prob. Code § 9202; Welf. & Inst. Code § 14009.5).

Federal estate tax. California has no state estate tax. The federal estate tax applies only to estates above the federal exemption — $15 million per individual for deaths in 2026 (One Big Beautiful Bill Act, indexed annually for inflation thereafter).

A California attorney is advisable when the estate exceeds $1 million (statutory attorney fees become significant if counsel is engaged), when a beneficiary may contest the will or object to IAEA authority, when the estate holds business interests or out-of-state real estate, when ancillary administration is required for a non-California resident with California real property, or when probate examiner notes recur and the family cannot resolve them. For all other cooperative-family cases — surviving-spouse petitions, small-estate paths, IAEA full probate with cooperative heirs — most California families complete probate without an attorney. Sunset can connect families to a vetted California probate attorney when the situation requires counsel.

Find the accounts and assets. Sunset searches more than 2,300 financial institutions and California public records to surface bank accounts, retirement plans, brokerage holdings, life insurance, real estate (including community-property characterization), business interests, and unclaimed property.

Generate the estate settlement packet. Sunset assembles the California Judicial Council DE-series forms specific to the path (small-estate affidavit, Spousal Property Petition, IAEA full probate), plus any required local cover sheets such as LASC PRO 010 for Los Angeles County.

Find a local probate attorney. When the situation calls for counsel, Sunset connects families to a vetted California probate attorney serving the relevant county.

Sunset is free for families. Revenue comes from bank partners that pay Sunset while estate funds sit in an FDIC-insured estate account ($3M coverage).