How to File Probate in California: Step-by-Step Guide
Filing probate in California can seem overwhelming, but it follows a predictable 11-phase process. This guide walks you through exactly what you need to do, from gathering documents to receiving your Letters Testamentary.
Before You Start
California probate is required when someone dies owning assets titled solely in their name worth more than $208,850 for deaths on or after April 1, 2025 (or any real estate not in a trust). If the estate qualifies, you may be able to use a Small Estate Affidavit instead.
Step 1: Gather Essential Documents
Before filing anything with the court, collect these critical documents:
- Original Will (if one exists): the court requires the original, not a copy
- Certified Death Certificates: order several certified copies from the county recorder
- List of Assets: real estate, bank accounts, investments, vehicles
- List of Heirs: names, addresses, and relationships of all beneficiaries and legal heirs
- List of Debts: mortgages, credit cards, medical bills, taxes owed
Step 2: Determine Where to File
California probate must be filed in the Superior Court of the county where the decedent lived at the time of death (their "domicile"). This is true even if they owned property in other counties.
Common California Probate Courts
- Los Angeles County: Stanley Mosk Courthouse, 111 N. Hill Street
- Orange County: Lamoreaux Justice Center, 341 The City Drive
- San Diego County: Central Courthouse, 1100 Union Street
- San Francisco: Civic Center Courthouse, 400 McAllister Street
- Santa Clara County: Downtown Superior Court, 191 N. First Street
Step 3: Complete the Petition for Probate (Form DE-111)
The Petition for Probate is your formal request to open the estate. This form requires:
- • Decedent's full legal name and any aliases
- • Date and place of death
- • Whether a will exists (and attach it)
- • Names and addresses of all heirs and beneficiaries
- • Estimated value of the estate
- • Name of proposed executor/administrator
- • Request for authority (full or limited)
Common Mistake
Many self-filed petitions are rejected because the heir information is incomplete or inconsistent. Every heir must be listed with their exact legal relationship to the decedent.
Step 4: File with the Court and Pay Fees
Submit your completed petition to the probate clerk. You'll need to pay the filing fee at this time.
California Probate Filing Costs
| Petition Filing Fee | $435 - $500 |
| Newspaper Publication | $200 - $350 |
| Certified Copies (each) | $25 - $50 |
| Probate Referee Fee | 0.1% of assets |
Step 5: Publish the Notice and Have It Mailed to Heirs
California law requires two types of notice before the hearing:
Newspaper Publication
Publish "Notice of Petition to Administer Estate" three times in a newspaper published at least once a week. The first publication must be at least 15 days before the hearing, with at least five days between the first and last publication dates, not counting those dates (Probate Code 8121(a)). Use a newspaper of general circulation in the city where the decedent lived, if there is one; otherwise, one in the county (Probate Code 8121(b)). The court does not hear the petition until the proof of publication is on file (Probate Code 8124).
Have the Notice Mailed (DE-121)
An adult who is not part of the case, such as a friend or relative who inherits nothing, mails the notice (DE-121) to all heirs and beneficiaries at least 15 days before the hearing and signs the proof of mailing. Known creditors get a separate notice later, the Notice of Administration to Creditors (DE-157).
Step 6: Attend the Probate Hearing
Approximately 6-10 weeks after filing, you'll have your first court hearing. If filing in Los Angeles County, check for probate notes 5-10 days before your hearing and file any required supplements.
At the hearing, the judge will:
- • Review your petition for completeness
- • Confirm proper notice was given
- • Hear any objections from heirs or creditors
- • Appoint you as executor/administrator (if approved)
- • Issue Letters Testamentary or Letters of Administration
Step 7: After Your Hearing - What's Next
Once appointed, you'll need to complete these remaining phases:
- 7
Inventory & Appraisal
Work with the court-appointed probate referee to value all estate assets within 4 months.
- 8
Creditor Management
Notice known creditors and wait the 4-month claim period before paying valid debts.
- 9
Tax Returns
File the decedent's final personal tax return and estate income tax returns if needed.
- 10
Final Accounting
Prepare a detailed accounting of all money received and paid by the estate.
- 11
Final Distribution
Obtain court approval and distribute remaining assets to beneficiaries.
Need Help Filing?
MyProbateCA prepares your California probate court papers for a flat fee by estate value ($3,995 up to $1,000,000, $5,995 from $1,000,000 to $2,000,000, $7,995 over $2,000,000). On a $1,000,000 estate, the statutory attorney fee is $23,000. We prepare the court papers, clear the probate notes, and guide you through every step; you file as the petitioner.
Start Your Case - FreeHow Long Does California Probate Take?
Most California probate cases take 9 to 18 months from filing to final distribution. See our detailed timeline guide for what to expect each month.
Timeline Factors
Simple estates: 9-12 months | Complex estates or disputes: 18-24+ months
Rozsa Gyene, Esq.
California State Bar #208356 • 26+ Years Experience
Rozsa Gyene focuses on California probate administration, with extensive experience at the Stanley Mosk Courthouse in Los Angeles.
Verify LicenseNeed Help With Your Probate Case?
Get attorney-prepared court papers for a flat fee from $3,995. On a $1,000,000 estate, the statutory attorney fee is $23,000.