California Probate Requirements
California probate requirements: small estate threshold $208,850 personal property; $750,000 real property (AB 2016), creditor notice 4 months from letters issued, Superior Court. Updated guidance for executors.
Key probate facts for California
| Small estate threshold | $208,850 personal property; $750,000 real property (AB 2016) |
|---|---|
| Will filing deadline | 30 days after death |
| Probate petition deadline | No specific deadline |
| Creditor notice period | 4 months from letters issued |
| Inventory deadline | 4 months after appointment |
| Executor residency | No residency requirement |
| Bond required | Yes, unless waived in will |
| Executor compensation | 4% on first $100,000, 3% on next $100,000, 2% on next $800,000, declining thereafter |
| Estate / inheritance tax | No |
| Community property | Yes |
| Homestead protection | Up to $600,000 (varies by county) |
| Vehicle transfer | Affidavit for estates under $208,850 |
| Probate court | Superior Court |
Notes: Community property state. AB 2016 (effective April 2025) created streamlined probate for primary residences valued up to $750,000
Sources
- California Courts — Wills, Estates & Probate
- California Probate Code
- IRS — Estate & Gift Tax
- Social Security Administration — Survivors Benefits
- USA.gov — What to Do After Someone Dies
- American Bar Association — Real Property, Trust & Estate Law
This summary is for general informational purposes and is not legal advice. Probate procedures change; verify with the Superior Court or a licensed California attorney.