Probate, trusts, taxes and divorce
How Long Probate Takes and What It Costs in California
How long probate takes in California, what it costs under the statutory fee schedule, and how the house gets sold along the way.
When is probate needed in California?
Short answer: when someone dies owning property in their own name that doesn't pass another way, and the estate is above the small estate limits.
This is general information, not legal or tax advice. A probate attorney decides what your estate needs, and a CPA handles the tax side.
Probate is the court process that pays final bills and passes property to heirs. Many homes never go through it. Probate is usually not needed when:
- The house is in a living trust. The successor trustee sells or transfers it. See our guide to selling trust property.
- The house passes to a co-owner, such as a spouse who held it as joint tenants.
- A surviving spouse or domestic partner gets everything. The California Courts Self-Help Guide (checked October 22, 2026) describes a spousal property petition, form DE-221, with no dollar limit.
- The estate is small. The limits below apply.
The small estate limits
The Self-Help Guide's "Check if you can use a simple process" page lists these for deaths on or after April 1, 2025. It says the amounts were last updated April 1, 2025 and will next change April 1, 2028.
- $208,850: the small estate affidavit under Probate Code sections 13100 and 13101. The Sacramento County Public Law Library confirms the same figure. It can be used only after 40 days have passed since the death.
- $750,000: a petition for a California primary residence, under sections 13151 to 13154.
- $69,625: a court request for small value real property, under section 13200.
The limit depends on the date of death, and older deaths have lower limits. Your attorney confirms which one applies and what counts toward it.
What are the steps of probate in California?
Short answer: open the case, get appointed, gather and value everything, give creditors their window, sell what needs selling, then ask the court to close and distribute.
This follows the Self-Help Guide's "If you need formal probate" page (checked October 22, 2026) and the Probate Code sections named.
- File the petition. Someone files a Petition for Probate, form DE-111, in the county where the person lived. That's the Superior Court in Sacramento, Placer, El Dorado or Yolo County for most families here. Notice goes to heirs by mail and is published in a local newspaper.
- The appointment hearing. If there are no problems, the judge appoints a personal representative, called an executor when there's a will. The court issues Letters, the paper that proves that person's authority. No one can sign a listing before this.
- Inventory and appraisal. Probate Code section 8800 calls for the inventory and appraisal within four months after Letters are first issued. A court-appointed probate referee values most property other than cash, including the house.
- The creditor period. Under section 9100, creditors have until the later of four months after Letters are first issued or 60 days after notice is mailed to them. The personal representative pays valid debts from the estate.
- Sell the house, if that's the plan. With full authority or with court confirmation. Both are explained below.
- Taxes and reports. Final income tax returns, and an estate income tax return if the estate earned income. The Self-Help Guide says a report to the court is usually due about a year after appointment.
- Final distribution. The personal representative files a final report and petition for distribution. A final account can be waived if all beneficiaries sign. After the hearing, the judge approves who gets what.
Maggie's article on the Sacramento probate process without a will covers who gets appointed when there's no will.
How long does probate take in California?
Short answer: the California Courts Self-Help Guide says formal probate "typically takes 9 to 18 months and can sometimes take even longer."
The fixed pieces set the floor. The inventory is due within four months of Letters. Creditors get at least four months after Letters. So even a calm estate rarely closes in under several months.
What stretches it out:
- A wait for hearing dates on the court's calendar
- Missing heirs, or heirs who disagree
- A will contest or a creditor dispute
- A house that sits unsold, or a sale that needs court confirmation
- Tax returns that can't be finished until the year closes
What keeps it moving: a complete petition, a personal representative who answers fast and a house that's priced and prepared early. You can often list the house soon after Letters arrive, while the creditor period runs. Our guide to how long it takes to sell a house covers the market side.
What does probate cost in California?
Short answer: court costs, plus fees for the personal representative and the attorney set by a percentage schedule in state law. The schedule is based on the estate's gross value, before the mortgage is subtracted.
Court and filing costs
The Self-Help Guide says the filing fee is typically $435, and a fee waiver can be requested for hardship. It says filing, newspaper publication and referee appraisal costs together are "often well over $1,000.00 and can be much more." The personal representative usually pays up front and is reimbursed from the estate.
The statutory fee schedule
Probate Code section 10800 sets the personal representative's fee for ordinary services. Section 10810 sets the attorney's fee. Both use the same percentages (FindLaw, current as of January 1, 2026):
- 4 percent of the first $100,000
- 3 percent of the next $100,000
- 2 percent of the next $800,000
- 1 percent of the next $9,000,000
- 0.5 percent of the next $15,000,000
- A reasonable amount set by the court above $25,000,000
The value used is the estate accounted for, which starts with the inventory appraisal. Both sections say it is figured "without reference to encumbrances." So a mortgage on the house doesn't lower the fee.
A worked example
Say Dad's estate is a house appraised at $600,000 with a $200,000 mortgage, and nothing else. The fee is figured on $600,000, not the $400,000 of equity.
- 4 percent of the first $100,000 is $4,000.
- 3 percent of the next $100,000 is $3,000.
- 2 percent of the remaining $400,000 is $8,000.
That's $15,000 for the personal representative and $15,000 for the attorney, or $30,000 if both are paid. Section 10811 lets the court award the attorney more for extraordinary services. Family members serving as personal representative sometimes waive their own fee. Ask your attorney how fees are handled before you sign anything.
Selling the house has its own costs too. Our guide to what it costs to sell a house in Sacramento lists them. Real estate commissions are negotiable and not set by law.
Can you sell a house during probate?
Short answer: yes. Once the personal representative has Letters, the house can be sold with full authority or with court confirmation.
The court decides which authority the personal representative gets under the Independent Administration of Estates Act.
- Full authority. The personal representative accepts an offer and gives heirs a Notice of Proposed Action. Under Probate Code section 10586, the notice goes out at least 15 days before the action. If no one objects, the sale closes without a court hearing. Under section 10589, an objection means the sale goes through the court instead.
- Limited authority. Section 10403 says limited authority does not include selling real property. The sale needs court confirmation, explained in the next section.
Full authority sales tend to run much like a regular listing. Buyers still need to know it's a probate sale, and the contract has its own forms.
Expect letters from investors. Probate filings are public. Many families get mail from buyers offering cash well below market. Get a real price first. Then you can compare any offer to what the open market would pay. Maggie's article on selling a house during probate in Sacramento County goes deeper, and fixing up an inherited house covers which repairs pay off.
How do court confirmation and overbids work in a probate sale?
Short answer: the accepted offer goes to a court hearing, and other buyers can outbid it there. The judge confirms the sale to the highest qualifying bid.
- The offer. The house is listed and an offer is accepted, subject to court confirmation. Under Probate Code section 10309, the price must generally be at least 90 percent of an appraisal dated within one year before the hearing.
- The petition. The attorney files to confirm the sale, and the court sets a hearing date.
- The hearing. Other buyers can come and bid. Under section 10311, the first overbid must add at least 10 percent of the first $10,000 and 5 percent of the rest. On a $500,000 accepted offer, the first overbid would be at least $525,500. Later bids go up in amounts the judge sets.
- The order and closing. After the judge confirms the sale, escrow closes.
Court-confirmed buyers usually need to wait for the hearing and may lose the house in the courtroom. We prepare buyers and their agents for that from the first showing. That way the estate keeps a buyer who is ready to close.
Our probate and trust sales page walks through both paths in full, county by county.
What happens to the mortgage, insurance and property taxes during probate?
Short answer: they keep coming due. Someone has to keep paying them from the estate, or the house can lose value or coverage while the case runs.
- The mortgage. Keep making payments and send the servicer the death certificate. If the home has a reverse mortgage, the loan comes due and the heirs get a set window to act. Maggie's article on a reverse mortgage when a parent dies explains the steps. Call Maggie at (916) 549-3131 with questions about the loan.
- Insurance. Call the insurance company and tell them the owner has died and whether the house is empty. A vacant home may need different coverage. Our homeowners insurance guide covers the local market.
- Property taxes. Keep paying the bills. A transfer to heirs can trigger reassessment. If a child will move in and live there, Prop 19 may let them keep part of the parent's tax base. Read Prop 19 in Sacramento and try the property tax calculator.
- Income taxes. Heirs often get a stepped-up basis on an inherited house. That can shrink the taxable gain if it sells. See our capital gains and stepped-up basis guide, and ask your CPA.
How can you keep probate costs and delays down?
Short answer: check the shortcuts first, keep the paperwork complete and get the house ready while the court side moves.
- Ask about the shorter routes. A spousal property petition, a primary residence petition or a small estate affidavit may fit. Your attorney checks these first.
- Ask for full authority. If the will allows it and no one is likely to object, full authority can avoid a confirmation hearing on the sale.
- Keep heirs informed. Objections slow everything down. A short update after each step goes a long way, especially when siblings live far apart. Maggie's article on siblings selling a parent's home has ideas.
- Start the house early. Secure it, keep the utilities on and let family take what they want. Then plan the cleanout. Our estate sale and cleanout guide walks through it.
- Know whether you need a lawyer. The Self-Help Guide says a personal representative isn't required to hire one, though many families with a house choose to. Maggie's article do you need a probate attorney? lays out the tradeoffs.
Planning ahead helps most. A funded living trust can keep a house out of probate entirely. That's a conversation for an estate planning attorney.
How do you get started with probate on a parent's house?
Start with three things: the death certificate, any will or trust and the deed. If you haven't picked an attorney yet, that's the first call. Then download the Inherited Home Checklist. It puts the first 30 days in order.
When you're ready to talk about the house, call Maggie B. Hopkins at (916) 549-3131 or send us a note. She's a Certified Probate & Trust Specialist and a licensed real estate broker and mortgage broker. She handles both full authority sales and court-confirmed sales. She'll tell you what the house would likely sell for, what to fix and what to leave, and how the sale fits the court's timeline. Your attorney handles the court. We handle the house, the sale and the updates to the family.
Live out of town? Our guide to selling a parent's home from out of town shows how that works.
Frequently Asked Questions
How long does probate take in California?
The California Courts Self-Help Guide says formal probate typically takes 9 to 18 months and can take longer. Court calendars, disputes and an unsold house are the usual reasons it runs long.
What is the small estate limit in California in 2026?
For deaths on or after April 1, 2025, the Self-Help Guide lists $208,850 for the small estate affidavit and $750,000 for a California primary residence petition. The next update is due April 1, 2028.
How much are executor fees in California?
Probate Code section 10800 sets them at 4 percent of the first $100,000, 3 percent of the next $100,000 and 2 percent of the next $800,000, with lower rates above that. The attorney's fee in section 10810 uses the same schedule.
Is the probate fee based on equity or the full value of the house?
The full value. Sections 10800 and 10810 figure the fee without subtracting encumbrances, so a mortgage does not lower it.
Can I sell a house before probate is finished?
Yes, once the personal representative has Letters from the court. With full authority, heirs get a Notice of Proposed Action at least 15 days ahead. With limited authority, the sale goes to a court confirmation hearing.
What is an overbid in a California probate sale?
A higher bid made at the court confirmation hearing. Under Probate Code section 10311, the first overbid must add at least 10 percent of the first $10,000 of the accepted price and 5 percent of the rest.
Does a surviving spouse have to go through probate?
Not always. A spousal property petition can confirm that property passes to a surviving spouse or domestic partner, and the Self-Help Guide lists no dollar limit for it. An attorney can tell you if it fits.
Do I need a probate attorney to sell my parent's house?
The law does not require one, but many families selling a house hire one. The attorney handles the court filings and deadlines, and we handle the house and the sale.
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