Probate 101: When an Estate needs to go through Probate Court in California & How it Works
WHAT IS PROBATE?
Probate is the process through which the state of California oversees the administration of a person’s estate after his or her death. The California probate process is designed to oversee the proper organization and distribution of one’s assets, and ensure those assets are distributed to the appropriate beneficiaries and/or legal heirs.
WHICH COURT?
A person’s assets must be administered with the oversight of the probate court located in the county where the decedent lived if:
1. The person died without a Will or Trust.
2. The person died with a Will, but no Trust.
WHEN IS PROBATE REQUIRED IN CALIFORNIA?
Probate (i.e. going through Court) is required when the value of the estate is greater than $208,850 (current for 2026) and those assets are not held in a Trust and have no beneficiary listing. If a person dies with less than $208,850 worth of assets, those assets can typically be transferred to heirs or beneficiaries using a Small Estate Affidavit, which is not subject to the court’s oversight and does not require an attorney.
DO I NEED A LAWYER FOR THE PROBATE PROCESS?
You are not required to hire an attorney for the probate process. However, it is a good idea in almost all situations, because even in the simplest of situations (such as 1 heir), hiring an attorney will save you significant time and frustration in trying to navigate the probate court.
If the estate has more than one beneficiary or is complex (heir living in house, foreclosure, familial disputes, creditors, numerous accounts, etc.) hiring an excellent Probate attorney can be invaluable in not only protecting the Administrator of the Estate, but also ensuring that assets are located & distributed in a timely manner.
WHAT DOES THE ATTORNEY FOR THE ADMINISTRATOR DO?
First, let’s define Administrator. The Administrator of an Estate is essentially the person in charge of the estate. This person is called an Executor when there is a Will that names them as such. A Will in California is very different than a Trust in California.
The Estate Administrator in California manages all assets during the Probate Process, and distributes them to the appropriate heirs and beneficiaries at the end of the Probate. Being the Administrator (or Executor) of an Estate in California is a substantial job, with myriad responsibilities and duties to the Court, as well as to the estate’s beneficiaries. Thus, it can be very helpful for the Administrator to have an attorney who can guide them through each step.
Every Administrator of an Estate in California is entitled to an attorney. The Estate pays for the attorney’s fees. The attorney’s job is to ensure the Administrator (or Executor) meets all of his or her legal deadlines, obligations, and fiduciary duties. An experienced probate attorney will avoid costly mistakes and delays. The attorney for the Administrator can also serve as a buffer between the Administrator and the estate beneficiaries, communicating on the Administrator’s behalf and minimizing the Administrator’s work. Additionally, the attorney for the Administrator can appear on behalf of the Administrator for all court hearings, draft all legal documents for the Administrator, serve all required documents to heirs and beneficiaries, and keep the probate moving toward closing. An attorney can ensure Estate Administrators are not sued or removed by beneficiaries due to mistakes or delays during the probate process.
HOW LONG DOES A PROBATE TYPICALLY TAKE?
Probates typically take between 6 months to 1 year, but the timeline depends on several factors, including: the county court’s schedule; the attorney’s ability to communicate and take actions; and whether there is any litigation (Will contest, etc.) that prolongs the process.
In the smoothest of probates, the Court timeline is demarcated by the following required events:
1. Petition for Probate Filed. Court hearing date set approximately 6–8 weeks out.
2. Hearing Date: The Petition comes before the Court & the Judge grants the Petition, allowing the Administrator to start taking control of the estate.
3. Letters of Administration issued. A 4‑month creditor claim period begins.
4. Petition for Final Distribution filed, with a hearing date approximately 8 weeks out.
5. Hearing Date for Final Distribution: The Court grants the Petition, and the Administrator distributes the funds and other assets of the estate.
This timeline is 7–8 months assuming no delays.
WHAT ASSETS ARE COUNTED WHEN DETERMINING THE VALUE OF THE ESTATE?
Probate is required for assets titled in the name of the decedent and without a designated beneficiary. Homes are the most common type of asset that push the value of an estate above $208,850 (as of March 2026). However, if a home is the only asset and is worth $750,000 or less, it may not be subject to probate.*
WHAT ASSETS ARE NOT SUBJECT TO PROBATE?
Assets with a designated beneficiary such as:
• Life Insurance Policies
• Transfer on Death Accounts
• Jointly owned properties
• IRAs with beneficiaries
These are not part of the probate process and are not counted toward the probate estate value.
For more details on Probate, Contact Us Here or read our Complete Guide to Probating a California Estate in 2026