Probate in California: when it's required, what it costs, how long

Probate is generally required when someone dies owning real estate in their own name — no trust, no surviving joint tenant, no beneficiary deed. A will does not avoid probate; it just tells the probate court who gets what.

Cost: California sets statutory fees by the estate's gross value — 4% of the first $100k, 3% of the next $100k, 2% of the next $800k, and so on — paid to the executor and the same again to their attorney. On a $1.5M house that's roughly $28,000 each, based on the gross value with no reduction for the mortgage.

Timeline: a straightforward probate typically runs 9–18 months in Orange County; disputes and real-estate complications stretch it.

Smaller estates have shortcuts: California's small-estate procedures let heirs collect modest estates (and, under recent law, petition to transfer a primary residence below a value threshold) without full probate. Thresholds adjust periodically — check current figures before relying on them.

General education, not advice — verify anything you’ll rely on with a CPA or estate attorney.