What Are the Rules on Probate in California?

The topic of probate and distribution of assets after a loved one’s passing can be difficult enough to process emotionally, often requiring an experienced attorney to assist. No one needs to spend their grieving process wondering, “What are the rules on probate in California?”

Getting through the probate process is easier with a general understanding of probate and its rules in California. Transferring or inheriting property is most effectively and efficiently conducted under legal counsel, so contact Estate Preservation Group as soon as you can.

The Basics of Probate in California

Probate court is only required if an estate exceeds a predetermined value. Once it hits the docket, the process is commonly referred to as “going through probate.” An individual must bring existing will documentation to open probate and nominate a personal representative.

From 2023 to 2024, probate filings totaled 63,609 cases in the state, with 45,655 dispositions. Probate filings and dispositions are also increasing from year to year. You aren’t alone in your need for legal counsel, and we are here to assist.

Required Steps to Start the Probate Process

There is no deadline or strict timeline for the probate process in California. However, there are asset value requirements that were implemented in April of 2025 that dictate which cases require court intervention and otherwise.

California Assembly Bill 2016 changed the probate process, determining that real property in an estate must be valued at $750,000 or more to be required to go through formal probate. If this valuation is met, those concerned with the matter must file a petition for probate. Once filed, heirs and beneficiaries will be notified, as well as known and unknown creditors.

Which Assets Don’t Go Through Probate in California?

During the initial inventory to ascertain whether or not formal probate is required, all eligible assets need to be valued and included. It’s imperative to know which types of assets aren’t eligible for probate, mostly involving documents dictated with pre-existing requests from the deceased. These include, but aren’t limited to:

• Living Trusts
• Life Insurance Policies
• Payable-on-Death Accounts
• Retirement Accounts
• Joint Tenancy With Right of Survivorship

Leaving these assets out of the equation can help ensure the value of assets is correct, which is essential for determining whether formal probate is required for the estate.

Legal Requirements for Personal Representatives

The court will appoint a personal representative to manage the administration of the estate. All of the following steps are handled by the appointed personal representative:

• Initiating Probate
• Notifying Beneficiaries, Heirs, and Creditors
• Taking an Inventory of Assets
• Paying Taxes and Debts
• Distributing Remaining Property to Beneficiaries and Heirs
• Closing the Estate

Once these steps are complete, the final valuation will go under review for court approval. If the final accounting isn’t contested, it can obtain court approval. Then, the personal representative will be discharged from their duties.

Contested Probate Cases in California

Formal probate usually goes smoothly unless there’s an issue with intestate succession. That term refers to the laws that dictate who has the legal right to inherit assets. Probate cases that reach this point can be contested due to the lack of a will or trust. An experienced probate attorney is recommended to assist with contested probate cases.

Completing the Probate Process

Once final accounting is court-approved, all final tax returns need to be filed. Then, the court needs to approve the final closure of the probate case. Any further contests will require restarting the probate process.

Hire a Probate Lawyer: About Estate Preservation Group

A boutique law firm that focuses on your personal needs, Estate Preservation Group is the ideal choice to rely on during the grieving process. With a track record that speaks for itself, there’s no reason to hesitate. Contact us when your loved one passes away and you need help with the probate process.

FAQs

Q: How Long Do You Have to File for Probate After a Death in California?

A: Aside from recommended timeframes, there is no formal deadline to file for probate after a death in California. It can be beneficial to start the process earlier rather than later to avoid disorganized communication and make probate as smooth as possible for all grieving parties. A lawyer from our firm can help you begin the process if you are a personal representative.

Q: What Is the New Probate Law in California?

A: The new probate law in California involved several updates implemented in April of 2025, including:

• An increased threshold for simplified procedures
• A simplified transfer process for estates under the threshold
• Required notification of heirs and devisees

These updates mean that some simplified procedures may require more legal approvals, but the overall need for formal probate is reduced because of the increased threshold.

Q: How Much Does an Estate Have to Be Worth to Go Through Probate in California?

A: For formal probate to be required by a Californian court, the value of a decedent’s estate must be equivalent to or exceed $750,000. At that value, formal probate is required to be filed through the state court system with or without legal counsel. Experienced probate attorneys like those at Estate Preservation Group can assist you.

Q: Who Determines if Probate Is Required in California?

A: No single person determines if probate is required in California. The need to file a formal probate is predetermined based on the value of an estate. Individual judges or courts aren’t responsible for determining formal probate requirements or eligibility otherwise. The initial appraisal dictates the requirement, and then the case is sent to the court for the appointment of a personal representative as the next step of the probate process.

Protect Yourself and Your Loved Ones With a Probate Attorney

It can be vital to rely on a probate attorney, regardless of the size of an estate or the need for formal probate. Matters as seemingly simple as transferring a property can become tedious if there are too many parties involved or a valuation of total assets is contested. It is always encouraged to hire a probate lawyer.

The attorneys at Estate Preservation Group take away the framework of a back-and-forth argument and can streamline the probate process, focusing on the facts rather than emotional narratives. Dealing with an inheritance can instantly become less of a drama and headache, and tends toward legally dictated, settled outcomes.

Choosing our law firm ensures that local laws will be abided by, setting you up for success. Contact Estate Preservation Group to help get you through the probate process or to set up your personal will and trust, protecting your loved ones for the future.