Simplified route
$208,850
Affidavit for collection of personal property (Prob. Code § 13100) and, for real property, the § 13200 small-value affidavit and § 13150 petition to determine succession; usable 40 days after death.
Eligibility and caveatsCalifornia estate administration
California probate: rules, process, costs, executor fees and deadlines
Small-estate limit: $208,850
That figure applies to deaths on or after April 1, 2025. California sets this ceiling by the decedent’s date of death, so an earlier death is measured against a different amount.
In California, estates up to $208,850 (deaths from April 2025) can use the small-estate route; executor fees run 4% down to 0.5% on a sliding scale (Cal. Prob. Code § 10800); and claims are due four months after letters issue, or 60 days after mailed notice if later. California probate is handled by the Superior Court in the county where the decedent lived. Small estates can often skip formal probate using the Probate Code § 13100 affidavit; the dollar thresholds are adjusted every three years under § 890 and published by date of death on Judicial Council form DE-300 ($208,850 for the § 13100 affidavit for deaths on or after April 1, 2025).
Sources reviewed August 9, 2026. Sources rechecked October 17, 2026. This page last revised .
Answer first
California simplified probate route
Up to $208,850; usable 40 days after death. Source: Judicial Council of California form DE-300 (Rev. April 28, 2025), implementing Prob. Code § 890.
Affidavit for collection of personal property (Prob. Code § 13100) and, for real property, the § 13200 small-value affidavit and § 13150 petition to determine successionCalifornia probate fees fixed by statute, by estate size
California fixes two probate charges (the filing charge below uses the standard fee and excludes the named county exceptions): the Superior Court filing charge (2026 Statewide Civil Fee Schedule, item 124 and appendix (pages 8 and 15)) and the commission (Cal. Prob. Code § 10800, for ordinary services, subject to the rest of Part 7 of the Probate Code). Together, at three estate sizes:
These totals use the standard $435 first-petition filing charge. Riverside and San Francisco collect $450, so each combined total is $15 higher there; those county charges are excluded from this table. San Bernardino collects the standard $435.
| Estate | Filing | Commission | Together | Share of estate |
|---|---|---|---|---|
| $50,000 | $435 | $2,000 | $2,435 | 4.87% |
| $250,000 | $435 | $8,000 | $8,435 | 3.37% |
| $750,000 | $435 | $18,000 | $18,435 | 2.46% |
Commission worked on the value of the estate accounted for, taken as the estate size; lawyer, bond, notice and appraisal costs are extra. Each side in detail: California probate filing cost and California executor fee calculator.
Screen a specific California estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.
What the reviewed rules establish
Court cost
$435
One statewide amount.
Filing-cost detailExecutor compensation
Statutory schedule
A statutory percentage schedule applies. Source: Cal. Prob. Code § 10800.
Compensation detailCreditor deadline
Multiple triggers
Cal. Prob. Code § 9100 (California Legislature; reviewed August 9, 2026)
Timeline and creditor detailsCalifornia decision map
The four facts that change the California route
Each California answer below links to the page that sets out its source.
| Question | Recorded California answer |
|---|---|
| What route is being screened? | Affidavit for collection of personal property (Prob. Code § 13100) and, for real property, the § 13200 small-value affidavit and § 13150 petition to determine succession |
| What property and basis count? | probate property within the rule's stated scope; gross value for this route. |
| What is the amount screen? | $208,850 for deaths on or after April 1, 2025 |
| What is the time or deadline record? | 40 days after death; creditor deadlines: separate clocks by triggering event |
| What does the cost record establish? | $435 is the recorded statewide amount. |
| What does compensation use? | Statutory percentage schedule, measured on the estate accounting. |
Limits and unresolved costs
- The standard first-petition estimate excludes Riverside and San Francisco: the court schedule’s appendix lists a collected $450 total in each, rather than the standard $435. San Bernardino collects $435. Do not add the county total to the standard total.
- Above the highest banded amount the statute sets no percentage; the court fixes a reasonable figure, so the schedule here stops where the published rates stop.
- California's small-estate dollar limits are set by the decedent's DATE OF DEATH under Prob. Code § 890, not a single timeless figure. Judicial Council mandatory-use form DE-300 (Rev. April 28, 2025) publishes the operative amounts: for the § 13100 personal-property affidavit, deaths on or after April 1, 2025 use $208,850; deaths from April 1, 2022 through March 31, 2025 use $184,500; deaths before April 1, 2022 use the older codified figures. The next triennial adjustment is April 1, 2028.
Continue
What California courts publish
Each link goes to the court’s own page and is checked before every release.
- Self-help centreCalifornia Courts Self-Help: ProbateJudicial Council of California
Official statewide self-help overview of probate.
- Self-help centreTransfer a small estate without probateJudicial Council of California
Official guidance on the small-estate affidavit process.
- Forms indexCalifornia Courts — Find your court formsJudicial Council of California
Statewide Judicial Council forms index (e.g., DE-series probate forms).
Limits on court material
- California uses statewide Judicial Council (DE-series) probate forms; each county Superior Court also publishes local rules and any local fee surcharges.
California primary sources
Each rule on the California pages comes from one of these 9 sources; the citation opens the publisher’s own text.
Simplified-procedure rule
Cal. Prob. Code § 13100, California Probate Code § 13100 - Affidavit collection of small estate.
Simplified-procedure rule
Cal. Prob. Code § 13200, California Probate Code § 13200 - Affidavit re real property of small value.
Simplified-procedure rule
Cal. Prob. Code § 13151, California Probate Code § 13151 - Petition to determine succession to real property.
Simplified-procedure rule
Cal. Prob. Code § 890, California Probate Code § 890 - Triennial adjustment of dollar amounts.
Simplified-procedure rule
Judicial Council of California form DE-300 (Rev. April 28, 2025), implementing Prob. Code § 890, Judicial Council of California form DE-300 - Maximum Values for Small Estate Set-Aside & Disposition of Estate Without Administration.
Court cost rule
Cal. Gov. Code § 70650, California Government Code § 70650 - Uniform filing fee, probate.
Court cost rule
2026 Statewide Civil Fee Schedule, item 124 and appendix (pages 8 and 15), Superior Court of California Statewide Civil Fee Schedule, effective January 1, 2026.
Executor compensation rule
Cal. Prob. Code § 10800, California Probate Code § 10800 - Compensation of personal representative.
Creditor deadline rule
Cal. Prob. Code § 9100, California Probate Code § 9100 - Time for filing creditor claims.
Sources rechecked October 17, 2026: California source list · how sources are checked · report a correction