Probate is a court-supervised process that validates a will (if any) and distributes assets according to the deceased’s wishes or California’s intestacy laws. Probate court also oversees the distribution of a deceased person’s estate, ensuring assets are properly transferred to beneficiaries and debts or taxes are settled. In California, probate can be a lengthy and costly process, making it important to understand how it works and ways to avoid it.


Probate is required in California if:
- The deceased owned assets solely in their name (without joint ownership or beneficiary designation).
- The total value of the estate exceeds $184,500 (as of 2024).
-Real estate is involved that isn’t held in a trust or joint tenancy.
- There are disputes among heirs or creditors.
- The estate includes complex assets or debts.
Certain assets do not require probate, including:
- Assets held in a living trust
- Joint tenancy or community property with right of survivorship
- Payable-on-death (POD) or transfer-on-death (TOD) accounts
- Life insurance and retirement accounts with designated beneficiaries

Probate Court includes:
- Filing a petition with the court
- Notifying heirs and creditors
- Taking inventory and appraising assets
- Paying debts and taxes
- Distributing assets to beneficiaries



Probate in California typically takes 12 to 18 months but can be longer due to disputes, real estate issues, creditor claims, and court backlog. State law mandates a minimum 4-month waiting period for creditors to file claims.



Probate costs include:
- Court fees: $435–$650, plus publication costs ($200–$1,000)
-Attorney fees: Statutory fees based on estate value:
    4% of the first $100,000
    3% of the next $100,000
    2% of the next $800,000
    1% of the next $9 million
- Executor fees: Same as attorney fees unless waived
- Other costs: Appraisal fees ($1,000–$5,000), bond fees ($500–$2,000), and tax prep fees
For example, probate on a $500,000 estate could cost approximately $13,000 in attorney fees alone.



To bypass probate, consider:
Living trusts – Assets in a trust avoid probate
Joint tenancy – Property automatically transfers to the surviving owner
Beneficiary designations – Retirement accounts and insurance policies bypass probate
Transfer-on-death (TOD) deeds – Real estate can transfer directly to beneficiaries

Final Thoughts
Probate court in California can be a lengthy and expensive process, often costing thousands of dollars and taking over a year to complete. If you’re planning your estate, working with a professional to set up a trust or other probate-avoidance tools can save your loved ones time and money. If you are dealing with probate, consulting a knowledgeable probate attorney can help ensure the process runs as smoothly as possible.

Refferences

What is Probate?

When Is Probate Necessary?

How Long Does Probate Take in California?

How Much Does Probate Cost in California?

Helpful Links

Ways to Avoid Probate in California