When Is Probate Required in California?

Probate is the court-supervised process of settling a deceased person’s estate in California. Not every estate goes through probate — but understanding when it’s required can help you plan ahead and potentially help your family avoid it.

When Is Probate Generally Required?

In California, probate is typically required when a person dies owning assets solely in their name and the total value of those assets exceeds the state’s small estate threshold. For deaths on or after April 1, 2025, that threshold is $208,850 for personal property. Recent laws also allow a primary residence to bypass formal probate if its gross fair market value is $750,000 or less.

Common situations that trigger probate:

• Real property held in the decedent’s name only — even a modest California home often exceeds the $750,000 primary residence threshold, and secondary/rental properties do not qualify for that exception.
• Bank or investment accounts without beneficiary designations, joint ownership, or trust ownership that collectively exceed $208,850.
• Personal property above the threshold with no other transfer mechanism in place

When Is Probate NOT Required?

Several types of asset transfers do not require probate:

• Assets held in a properly funded revocable living trust
• Assets with named beneficiaries (life insurance, retirement accounts)
• Jointly held property with right of survivorship
• Community property with right of survivorship
• Assets that fall under California’s small estate threshold

How Long Does Probate Take?

Probate in California typically takes at least 9 to 12 months, though more complex cases can take 18 months or longer. Factors that affect the timeline include court scheduling, estate complexity, disputes among heirs, and how quickly required tasks are completed.

What Does Probate Cost?

Probate attorney fees and executor fees in California are governed by statute and are based on the gross value of the estate. The fee schedule is set by California Probate Code Section 10810.

Because these fees are based on gross value rather than net value, the cost can be significant even for estates with substantial mortgages or other debts.

How to Avoid Probate

The most common way to avoid probate in California is through a properly funded revocable living trust. Other strategies include beneficiary designations, joint ownership arrangements, and transfer-on-death registrations where available.

An experienced estate planning attorney can review your situation and recommend the approach that best fits your goals.

Next Steps

Whether you’re facing probate now or want to help your family avoid it in the future, contact Jokela Estate Law to discuss your options. The firm provides estate planning services and probate representation for clients in Westlake Village, the greater Ventura and Los Angeles counties, and throughout California.