The 12 stages of the probate process in California

The passing of a loved one or friend is a time filled with unexplainable grief. It can also be filled with deep legal responsibility if you have been named the executor or administrator of their estate—the person authorized to manage their affairs after they have passed. This process includes distributing assets to their intended heirs.

When someone dies in California the administrator is required to go through the probate process in California through the California Probate Court system. Before any assets or real estate can be distributed to the beneficiaries, a number of specific steps must be completed in a certain time and order. To help you manage your legal duties as an executor or administrator, we’ve outlined the 12 stages of California’s probate process below and what you can expect at each juncture.

What is Probate in California?

Probate is a legal process defined under California law that transfers the estate’s title to property and/or assets to the beneficiaries of the decedent. It is a court-supervised transaction that involves filing a petition for probate, a hearing, appointing an administrator or executor of the estate, proving the will was legitimate, potentially posting bond and other complex steps. Note that probate may need to take place whether there was a will in place or not.

As California probate is a complex process, it also comes with substantial California probate fees. Effective 2025, statutory fees for executors/administrators and attorneys are set at the following amounts:

• 4% on the first $100,000 of the estate’s gross value

• 3% on the next $100,000 of the estate’s gross value

• 2% on the next $800,000 of the estate’s gross value

• 1% on the next $9,000,000 of the estate’s gross value

• 0.5% on the next $15,000,000 of the estate’s gross value

On top of paying the parties that help administer the estate, California courts also charge a number of filing fees. For example, filing a petition for letters testamentary or letters of administration costs $435—a fee amount common across multiple filing types. Keep in mind that each county court may have their own specific filing fees.

How to probate a will in California

Typically the probate procedure in California goes through a series of 12 stages, though the exact process may differ depending on the county you file in. Even though the process may change slightly, the time to complete probate in California generally takes anywhere from several months to a few years to complete depending on the complexity of the estate and the courts’ availability.

Keep in mind that Califonria law requires a status report or final accounting procedures to be filed within 12 months of the administrator’s appointment. If a federal estate tax return is required, this timeline is extended to 18 months.

Step 1: Filing the Petition for Probate in California

To file a petition for probate in California, you must submit the petition (California Form DE-111), and the original will attached, to the court in the county where the decedent resided immediately before their death. This is the first step in initiating the probate process, allowing the court to appoint an executor and validate the will.

If the decedent died without a will—known as being intestate—then the party making the filing must have priority to be appointed as an administrator. Someone with priority to administer an estate is typically a spouse or registered domestic partner, adult child, grandchild, great-grandchild, parent, sibling, niece/nephew or grandparents, in that order.

After filing California Form DE-111, the county court will be notified that a hearing needs to be scheduled, which may be held within a few month’s time or much more depending on the court’s availability. In some cases you may be required to provide the courts with a death certificate, the will, proof of service or other formal documentation.

Step 2: Publish the Notice of Hearing

Following the initial petition for probate filing and once a hearing date is set, a Notice of Hearing is published in a local newspaper once a week for three consecutive weeks. This public notice serves to inform unknown heirs and creditors of the probate proceeding.Additionally, a copy of the notice must be mailed to all beneficiaries named in the will (if one exists), as well as all known heirs. The mailed notice must be sent at least 15 days before the hearing date, while the publication must start at least 20 days before the hearing.

Step 3: Understanding the First Probate Hearing Process

At the first probate hearing a judge appoints the executor/administrator of the estate to handle its affairs. Most often this is the person named in the will of the deceased, though you may suggest who you believe the administrator should be in the probate petition. If there is no will, or if the named executor cannot or chooses to not act for the estate, then the judge will appoint someone based on an order of priority. This person most likely will be a spouse or closest living relative such as child, grandchild, parent or sibling.

Step 4: Why You May Need to Post a Bond in California Probate

In most cases, the Probate Courts require the administrator/executor of an estate to post a Calfironia probate bond. This is a guarantee purchased from an authorized bond company as a way to protect the estate and its beneficiaries should the administrator cause financial losses to the estate. Think of it as a financial safety net.

California Probate Courts typically require an administrator to be bonded to ensure that they execute their fiduciary responsibilities properly and completely. If the administrator lives outside California, a bond will be required. This is true even if the will stipulates for a bond to be waived.

Bond prices are based on several factors, most importantly the amount that the court requires, as well as the administrator’s creditworthiness. A reduction in the amount of the bond may be requested if the court can be assured that a large amount of the estate is secured by a savings account that is not subject to outstanding liens—and that it can only be accessed by a court order.

In some select cases the need for a bond may be waived. For instance, the will of the deceased may contain a bond waiver clause, a paragraph stating a surety bond is not required. Additionally, all the beneficiaries can sign waivers of bond (California Form DE-111(A-3e)) waiving the need for bond. That said, any potential waiving of bond requirements is subject to a judge’s discretion.

Step 5: Proving the Will in California Probate Court

Proving the will to a judge in California’s Probate Court means showing that the deceased’s will was prepared and executed in accordance with California’s laws. This means, at a minimum, that the adult who signed the will had capacity to do so and was not acting under undue influence or duress.

In addition to the testator being in proper condition, a valid will is also signed in the presence of two or more witnesses who are not beneficiaries to the will. An exception to this is made for holographic or “handwritten” wills, however. Proving a handwritten will requires the testimony of at least one witness that personally knew the testator and has knowledge of their handwriting. The court usually requires sworn testimony from said witness(es) in order to prove the legitimacy of a holographic will.

A pre-printed “fill-in-the-blanks” will (statutory will) is another type of document that can be valid before a court. So long as the statutory will was developed in accordance with California law and signed in front of at least two witnesses that—again—are not beneficiaries.

Probate Fact: In California, a will is considered “self-proving” if it meets all legal requirements for validity, is not holographic, and includes a declaration by the witnesses made under penalty of perjury. A self-proving will may eliminate the need to locate and call witnesses during the probate process.

Step 6: How to Collect Estate Assets in California Probate

As the estate administrator, one of your most important responsibilities is to collect all of the eligible probate assets of the deceased. To change the ownership of an asset held in the name of the deceased, the administrator needs to transfer title by by obtaining a certified copy of the death certificate and Letters of Administration or Letters Testamentary from the probate court, and presenting them to the relevant party (e.g., bank, DMV, title company). The administrator must also file California Form DE-160 (Inventory and Appraisal), with the probate court, which lists each and every asset in the estate. Assets must be appraised either by the administrator or by a court-appointed probate referee, depending on the type.

Probate assets typically include property that was titled solely in the decedent’s name, such as personal property, vehicles, bank accounts, stocks, mutual funds, and brokerage accounts. All of these asset classes may require a legal title change. Any transfer of property must be available for review by the public.

Items that may be excluded as probate assets include retirement accounts (IRA, 401k) that already have beneficiaries designated, property contained in a living trust, and funds/securities that are in pay-on-death accounts (POD) or transfer-upon-death accounts (TOD). If a named beneficiary has predeceased the account holder and no alternate beneficiary is designated, the asset may be subject to probate, pending court approval.

Step 7: Role of the Probate Referee in California Probate

The administrator is responsible for filing California Form DE-160 and it is the court’s responsibility to assign someone to value non-cash assets. This person is known as a probate referee.

Probate referees can perform reliable and prompt appraisals of all types of estate assets, including real property and recreational vehicles. They must pass a state-approved test to become licensed and complete 15 hours of continuing education annually.

Step 8: Paying Estate Creditors in California Probate

As part of the overall probate process, the administrator provides notice of the deceased’s passing by mailing California Form DE-157, (Notice of Administration to Creditors) to any known creditors. Following receipt of this notice, creditors can submit a claim against the estate. Valid claims must be paid by the administrator before any other distributions to beneficiaries are made. This may include any other necessary bills.

Under California law, creditors are required to submit claims to the estate within the later of:

1. Four months following the appointment of an executor/administrator of the estate, or
2. 60 days after California Form DE-157 is mailed or delivered to them

Step 9: Preparing for the Second Probate Hearing in California

If all has gone well so far, the second —potentially optional—probate hearing making up the overall California probate timeline should be less intensive than the first. At this hearing, the judge confirms that all known creditors have been paid and that the administrator performed their duties correctly. Part of the administrator’s duties includes filing an accounting and a petition for final distribution showing the:

• Assets collected
• Debts paid
• Proposed distributions to beneficiaries

The court reviews this accounting and petition filing for approval before authorizing final distribution.

If all the above is confirmed, the judge will sign off on the final distribution of the estate to the beneficiaries.

Step 10: Selling Real Property in California Probate

At this stage, any real estate owned by the estate may be sold. If the administrator does not have full authority to do so under the Independent Administration of Estate Act (IAEA)---or the court requires confirmation—they must file California Form DE-260, (Report of Sale and Petition for Order Confirming Sale of Real Property). However, if the administrator has full IAEA authority and no objections have been raised, the sale of real property may proceed without court approval.

Remember that any real property to be sold also should have been listed on California Form DE-160 during step six of the probate process.

When it comes time to sell the real property of the deceased, the process can be complicated or simple depending on the authority the administrator is given by the court.

If an administrator has been given full authority under the IAEA, laid out in Probate Code §10500 to §10538, they can sell real property as they see fit. There are some stipulations in regard to the deceased’s principal residence, however. If an administrator is only given partial authority under the IAEA, then selling real property is much more complex. For starters, they must publish a notice in a local newspaper where the deceased resided. Following that they can then accept an offer on the property and then file California Form DE-260. Finally, the administrator must attend a court hearing during which overbidding may occur. Bidders can submit higher offers during the hearing in an auction-like setting and the court confirms the highest qualified bid.

Step 11: How to Pay Estate Taxes in California Probate

As an administrator or executor, there is a high chance you will need to file at least a single tax return as administrator. In addition, you may also need to file tax returns for the deceased and/or the estate itself. Attorney fees, accounting fees, and federal and California imposed taxes are also paid during this stage.

If you need help , we've created a California probate fee calculator to help you understand the attorney fees and executor compensation.

It is important that the estate taxes are paid on time, as the estate administrator may be held liable for not filing tax returns on time, or mismanaging estate assets. The court may decide to impose personal liability on the estate administrator if they feel they have neglected this aspect of probate.

Important to note for executors:
Executors are entitled to reasonable compensation for fulfilling their duty as an estate administrator, however it is important to note that the executors compensation is taxable income and must be filed as such on your federal income tax return.

Step 12: Closing the Estate in California Probate

The final step of the California probate process is when the administrator provides a complete and final accounting of all the steps they have taken to administer the estate. The required petition that is filed as the concluding action of the Administrator will summarize all the actions made on behalf of the estate.

A hearing is also scheduled for the report to be presented to the judge, who will in turn review if the administrator has handled everything correctly and undergone careful accounting. The court will generally require supporting documentation, such as receipts, to confirm that all distributions have been made appropriately. When they are satisfied that all of the aspects of the probate filing have been successfully completed, the court will "discharge" the administrator from his or her responsibilities.

Any appeal to the judgment must be filed within 60 days of the mailing or personal service of the entry of judgment.

ClearEstate: Your Trusted Guide Through the California Probate Process

The California probate process is lengthy, time-consuming, complicated and court-supervised. Not only will you have to juggle the role of griever, family member, friend and estate administrator, but also have judges double-checking your decisions.

Sound overwhelming? There’s a solution. Our team of estate experts is made up of leaders in probate law and accounting professionals providing estate settlement services in California.

Not sure you need that much assistance? You can download our complete, 12-step blueprint to probating an estate in California instead. Click on the link below for more details.

Link to checklist: https://info.clearestate.com/california-probate-checklist-new