California
Estate law, probate process, and inheritance rules for California — in plain language.
Statutory fees: 4% of first $100K, 3% next $100K, 2% next $800K, 1% over $1M
Small-estate affidavit (Prob. Code §13100)
Community property state — spouse owns 50% of community assets automatically
Surviving spouse takes 100% of community property + share of separate property based on number of descendants.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 30 days of death (Prob. Code §8200)
- ⏱Notice to creditors: 4 months
- ⏱Inventory: 4 months after appointment
- ⚠CA probate is notoriously slow and expensive — statutory fees apply
- ⚠CA Prop 19 (2021) changed property tax transfer rules dramatically
- ⚠Heggstad petition can be used for property left out of trust
- →Revocable living trust ESSENTIAL for CA residents with estates > $200K
- →Trust prevents both statutory probate fees AND the time delay
- →Prop 19 awareness for parent-child real estate transfers
- California Probate Code
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in California.
Plan Your Passing is not a law firm. The information on this site is for general educational purposes only and does not constitute legal, financial, tax, medical, or professional advice. No attorney-client relationship is created by reading this site or using any tool on it. Estate, probate, tax, and inheritance laws differ by country, state, province, county, and individual circumstance, and they change over time. You are solely responsible for confirming the laws that apply to you. Always consult a licensed attorney in your jurisdiction before making any legal, financial, or tax decision regarding wills, trusts, beneficiaries, probate, real estate transfers, gifts, or end-of-life directives. The author, operators, and affiliates of this site disclaim all liability for actions taken or not taken based on its contents.
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