PathAfter FAQ
California Probate
Focused answers for people handling the first days, paperwork, and follow-up steps after a death in California.
Start checklistWeek 2–4 administration and California-specific questions
How does California probate work, step by step?Step 1: File a petition with the Superior Court in the county where the deceased lived. Step 2: Court sets a hearing date and appoints an executor. Step 3: Court issues letters testamentary. Step 4: Executor notifies creditors by publication and direct…What are California probate fees?California sets statutory attorney and executor fees by law — each is paid a percentage of the gross estate value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million. On…Can I be the executor of my own family member's estate without a lawyer?Legally yes. In practice, California probate is complex enough that most people hire an attorney. The court self-help centers at California Superior Courts can help with basic paperwork. If the estate is straightforward — no real estate, no business, no disputes —…What is the California small estate affidavit and how do I use it?A sworn document that lets you collect assets without probate if the total value of assets subject to probate is $184,500 or less (2024 figure, adjusts periodically). You must wait 40 days after death. Present the affidavit plus a certified death certificate…Does the $184,500 small estate threshold include everything?No. It only counts assets that would otherwise go through probate. Assets that pass outside of probate — joint accounts, beneficiary-designated accounts, trust assets, vehicles transferred by affidavit — do not count toward the threshold. The threshold calculation is often lower than…What is a California Spousal Property Petition?A simplified court procedure that allows a surviving spouse or domestic partner to confirm ownership of community property and certain separate property without full probate. It is faster and cheaper than full probate and can handle real estate. File it in the…What is the California Petition to Determine Succession to Property?A court petition for small estates ($184,500 or less) that involves real property. The small estate affidavit does not work for real estate — you need this petition. It is simpler than full probate but still requires a court hearing.Does California have an estate tax?No California estate tax. The federal estate tax applies to estates over $13.61 million (2024). Most California families will not owe federal estate tax. There may be income tax implications for inherited assets — consult a CPA.What is a stepped-up basis and why does it matter in California?When you inherit an asset, its cost basis for capital gains purposes is "stepped up" to the value at the date of death. This means if you sell an inherited home that the deceased bought for $100,000 but was worth $600,000 at…What is California community property and how does it affect inheritance?Assets acquired during a marriage in California are generally owned 50/50 by both spouses regardless of who earned them. When one spouse dies, the surviving spouse already owns their 50% — they inherit the deceased spouse's 50% through the will, trust, or…What is separate property in California?Assets one spouse owned before marriage, or received as a gift or inheritance during marriage, kept separately. Separate property does not automatically pass to the surviving spouse — it passes according to the will, trust, or intestate succession. The line between separate…What is California intestate succession — who inherits with no will?If someone dies with no will, California distributes community property entirely to the surviving spouse. Separate property is distributed: entirely to the surviving spouse if there is one child or parent, or two-thirds to the surviving spouse and one-third to children if…What is a California affidavit of survivorship?A document that a surviving joint tenant uses to clear title to real property after the other joint tenant dies. File it with the county recorder along with a certified death certificate. It removes the deceased person's name from the title without…What is a California TOD deed and how do I use one after a death?A Revocable Transfer on Death deed passes real property to a named beneficiary at death without probate. To claim the property: file the TOD deed, a certified death certificate, and an affidavit of survivorship with the county recorder. The property transfers without…How do I remove a deceased person's name from a property title in California?Method depends on how the property was held: joint tenancy → affidavit of survivorship + death certificate filed with county recorder. Community property → spousal property petition or trust distribution. TOD deed → file the deed plus death certificate. Probate estate →…