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California estate administration

California probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $208,850

That figure applies to deaths on or after 2025-04-01. California sets this ceiling by the decedent’s date of death, so an earlier death is measured against a different amount.

This guide explains probate in California: 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. Latest primary-source re-fetch September 15, 2026.

Answer first

California simplified probate route

Personal property may be collected by affidavit if 40 days have elapsed since death and the gross value of the decedent's real and personal property in California does not exceed the amount published on Judicial Council mandatory-use form DE-300 for the decedent's date of death (Prob. Code § 890 directs these amounts to be adjusted every three years). For deaths on or after April 1, 2025 that ceiling is $208,850 (deaths April 1, 2022-March 31, 2025 use $184,500; the codified § 13100 figure of $166,250 is a pre-2022 baseline that § 890 adjustments have superseded). Excludes § 13050 property and property covered by a § 13151 petition. Real property of small value uses the § 13200 affidavit ($69,625 for deaths on or after April 1, 2025); a primary residence up to $750,000 uses the § 13151 succession petition.

Affidavit for collection of personal property (Prob. Code § 13100) and, for real property, the § 13200 small-value affidavit and § 13150 petition to determine succession
1. Where and when
Private by design: entries stay in this browser.
2. What they left

Ownership determines whether an asset usually enters probate. Choose “Not sure” when title or beneficiary status has not been confirmed.

Asset 1

Asset 2

Your working estimate

California estate snapshot

Route check

More information is needed

Counted probate estate: not yet counted

A valid date of death is required before any waiting period can be tested.

California also sets its ceiling by the date of death (Prob. Code s 890 triennial adjustment published on Judicial Council form DE-300), so no limit can be applied until that date is known.

Gross probate propertyNot yet counted
Court chargeSet locallyGovernment Code § 70650 sets a uniform statewide filing fee of $355 for the first petition for letters of administration or letters testamentary. Additional local surcharges may apply in some counties, but the base opening fee is a fixed statewide figure.
Scheduled executor compensationCase accounting neededEnter the compensable value above and this schedule is applied to it, band by band.Prob. Code § 10800 sets statutory (ordinary) compensation as 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000, and 0.5% of the next $15,000,000. Above $25,000,000 the amount is 'a reasonable amount to be determined by the court' — so the top band is NOT a fixed percentage. The base is 'the value of the estate accounted for' (appraisal value plus gains on sales plus receipts, less losses, without regard to encumbrances).

This route check is general information, not legal advice. It does not test every eligibility condition, creditor issue, will provision, local fee, or asset-title fact.

What the reviewed rules establish

Simplified route

$208,850

Personal property may be collected by affidavit if 40 days have elapsed since death and the gross value of the decedent's real and personal property in California does not exceed the amount published on Judicial Council mandatory-use form DE-300 for the decedent's date of death (Prob. Code § 890 directs these amounts to be adjusted every three years). For deaths on or after April 1, 2025 that ceiling is $208,850 (deaths April 1, 2022-March 31, 2025 use $184,500; the codified § 13100 figure of $166,250 is a pre-2022 baseline that § 890 adjustments have superseded). Excludes § 13050 property and property covered by a § 13151 petition. Real property of small value uses the § 13200 affidavit ($69,625 for deaths on or after April 1, 2025); a primary residence up to $750,000 uses the § 13151 succession petition.

Eligibility and caveats

Court cost

$355

Government Code § 70650 sets a uniform statewide filing fee of $355 for the first petition for letters of administration or letters testamentary. Additional local surcharges may apply in some counties, but the base opening fee is a fixed statewide figure.

Filing-cost detail

Executor compensation

Statutory schedule

Prob. Code § 10800 sets statutory (ordinary) compensation as 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000, and 0.5% of the next $15,000,000. Above $25,000,000 the amount is 'a reasonable amount to be determined by the court' — so the top band is NOT a fixed percentage. The base is 'the value of the estate accounted for' (appraisal value plus gains on sales plus receipts, less losses, without regard to encumbrances).

Compensation detail

Creditor deadline

Multiple triggers

Multiple independent deadlines run from different triggers: § 9100 requires filing before the LATER of four months after letters first issue OR sixty days after notice of administration is mailed/delivered, and Code Civ. Proc. § 366.2 imposes a separate one-year outer limit measured from death. These are expressed in months, so a single day count would mislead.

Cal. Prob. Code § 9100 (California Legislature; reviewed August 9, 2026)

Timeline and creditor details

California decision map

The four facts that change the California route

Use this map before opening a form or entering a number. It keeps the California amount test, time gate, court cost, and creditor record separate so one easy figure does not stand in for the whole administration.

QuestionRecorded California answerCarry into the case
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 successionConfirm that the will, prior appointment, family facts, and asset titles fit this route.
What property and basis count?probate property within the rule's stated scope; gross value for this route.Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately.
What is the amount screen?$208,850 for deaths on or after April 1, 2025Use the counted property, not a bank-balance shortcut.
What is the time or deadline record?40 days after death; Multiple independent deadlines run from different triggers: § 9100 requires filing before the LATER of four months after letters first issue OR sixty days after notice of administration is mailed/delivered, and Code Civ. Proc. § 366.2 imposes a separate one-year outer limit measured from death. These are expressed in months, so a single day count would mislead.Keep the event that starts each clock with the date; do not combine separate periods into one number.
What does the cost record establish?$355 is the recorded statewide amount.Ask the Superior Court about local surcharges, copies, publication, bond, and later filings.
What does compensation use?Prob. Code § 10800 sets statutory (ordinary) compensation as 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000, and 0.5% of the next $15,000,000. Above $25,000,000 the amount is 'a reasonable amount to be determined by the court' — so the top band is NOT a fixed percentage. The base is 'the value of the estate accounted for' (appraisal value plus gains on sales plus receipts, less losses, without regard to encumbrances). The relevant base is the estate accounting.Keep the will, task log, receipts, and accounting base together; extraordinary work is separate.

Arithmetic illustration

See the California amount screen without mistaking it for a result

The recorded California ceiling is $208,850 for deaths on or after April 1, 2025, and it is tested against probate property within the rule's stated scope, on a basis this site records as gross value for this route. Counted that way, $156,600 sits below the California figure and $261,100 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what California counts and how it values it are decided before the comparison is made.

Illustrative counted amountComparison to the California ceilingWhat it does not decide
$156,600Below $208,850 for deaths on or after April 1, 2025Title, liens, waiting period, appointment, or creditor duties
$261,100Above $208,850 for deaths on or after April 1, 2025Whether another statutory route or court process applies

Next evidence to collect

Start with the row that is still unknown, then take that question to the named court or source.

  1. Record the date of death, the county, and the exact proceeding or affidavit being considered.
  2. Classify each asset by title, beneficiary, trust, real-property status, and the value basis shown above.
  3. Open the official court material below and keep its form or schedule with the estate record.
  4. Do not distribute property until the route, creditor position, and required approvals are resolved.

Official material

California uses statewide Judicial Council (DE-series) probate forms; each county Superior Court also publishes local rules and any local fee surcharges.

Source trail

Records used by this California map

Limits and unresolved costs

  • 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.
  • Attorney fees, bond premiums, publication, certified copies, tax work, and asset-sale costs are not included unless expressly shown.
  • Asset title, beneficiary designations, creditor claims, and will terms can change the route.
Use this as a starting point.

This is general information, not legal, tax, or financial advice, and it does not create an attorney-client relationship. Probate law varies by state and county and changes over time. Verify the current rule with the court or a licensed attorney in the relevant state.

Continue

What California courts publish

The statutes on this page state the rule. These are the documents the court itself publishes. Every link is probed before release, and any link that stops resolving fails the build rather than staying on the page.

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.

Primary sources

Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.