Losing someone and then being handed the paperwork of their estate is a lot — usually while you're still grieving. The good news: California probate is a defined process with a clear sequence. This page lays out that sequence in plain English so you always know the next right step. Nothing here is legal advice; it's an organized starting point you can verify with the probate court and, where needed, an attorney.
Do I even need probate in California?
Not every estate goes through full probate. Assets often pass outside probate when they have a named beneficiary or co-owner — for example life insurance, retirement accounts, payable-on-death bank accounts, and property held in a living trust or in joint tenancy. What's usually left for probate is property titled in the deceased person's name alone with no beneficiary.
- Small estates. If the estate's qualifying property is under California's small-estate limit, you may be able to use a Small Estate Affidavit instead of full probate. The threshold is set by statute and is periodically adjusted, so confirm the current figure before relying on it.
- Spousal property. Property passing to a surviving spouse can often move through a simpler Spousal Property Petition.
- Full probate. Larger estates, or any estate with real property over the threshold and no trust, generally need formal probate in the Superior Court of the county where the person lived.
The California probate sequence, step by step
- Order certified death certificates. Get 5–10 certified copies — banks, the court, insurers, and agencies each want their own.
- Find and lodge the will. Whoever holds the original will must lodge it with the Superior Court clerk within 30 days of death. Secure the home, mail, and valuables in the meantime.
- File the Petition for Probate (Form DE-111). File in the decedent's county and ask the court to appoint you and issue Letters (your legal authority to act). A hearing is set, and notice must be published and mailed to heirs.
- Receive Letters & the order for probate. Once the judge signs, you're the personal representative. The clock on most deadlines starts here.
- Notify creditors and agencies. Mail formal notice to known creditors and the required government agencies (below), and handle the creditor-claim window.
- Inventory & appraise the estate. List every probate asset and have non-cash assets valued by the court-appointed Probate Referee on Form DE-160.
- Pay debts, expenses, and taxes. Settle valid claims, file the final income tax return, and address any estate tax.
- Petition to distribute & close. Account to the court, distribute what remains to the heirs, and ask the court to discharge you.
California probate deadlines (cited to the Probate Code)
These are the dates executors miss most often. In the organizer they're calculated automatically from the date Letters are issued — but here's the reference:
| What's due | When | Authority |
|---|---|---|
| Lodge the original will with the court | Within 30 days of death | Prob. Code §8200 |
| Inventory & Appraisal (Form DE-160) | Within 4 months of Letters | Prob. Code §8800 |
| Creditor-claim window | Latest of 4 months after Letters / 60 days after notice to a creditor | Prob. Code §9100 |
| Notice to Franchise Tax Board & Medi-Cal (DHCS) | Within 90 days of Letters | Prob. Code §9202 |
| Decedent's final income tax return (Form 1040) | April 15 of the year after death | IRS |
| Federal estate tax return (Form 706, if required) | 9 months after death | IRS |
| Absolute bar on most claims against the decedent | 1 year after death | CCP §366.2 |
Deadlines reflect general California statutes verified to January 1, 2025 and are subject to exceptions and local court rules. Always confirm with the probate court in the relevant county.
See your exact California dates in seconds
Enter the date of death and the date Letters were issued — the free tool color-codes every deadline above.
Open the free deadline toolThe forms you'll actually touch
- DE-111 — Petition for Probate (opens the case and asks for Letters).
- DE-121 — Notice of Petition to Administer Estate (mailed to heirs; also published).
- DE-140 / DE-150 — Order for Probate and the Letters themselves.
- DE-160 / DE-161 — Inventory & Appraisal and any supplemental inventory.
- DE-157 — Notice of Administration to Creditors.
- DE-295 — Notice to Director of the Department of Health Care Services (Medi-Cal recovery).
A note on overwhelm
You do not have to do all of this in week one. The only urgent early items are securing the property, ordering death certificates, and lodging the will. Everything else flows from the day Letters are issued — and from that point it's a checklist, not a guessing game.
Frequently asked questions
There's no single statutory deadline to open probate, but the person holding the will must lodge it with the court within 30 days of death, and you should petition promptly. Once Letters issue, the 4-month Inventory and creditor windows begin, and most claims are barred one year after death (CCP §366.2).
California sets statutory fees for the executor and attorney as a percentage of the estate's gross value, plus court filing fees, the Probate Referee's appraisal fee, and publication costs. Larger estates cost more in absolute dollars. Doing the organizing work yourself doesn't change statutory fees, but it reduces the hours an attorney bills for chasing paperwork.
Most formal probates run about 9–18 months, driven by the court's calendar, the 4-month creditor window, and whether anything is contested. Staying ahead of each deadline is the single biggest factor you control.
Yes. California allows a non-resident to serve, though the court may require a bond. You'll handle most filings by mail or through counsel.
No. This is an organizational guide. Deadlines are cited to current California law, but verify your specifics with a licensed California attorney and the probate court.
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