California Probate Timeline and Cost Guide

California probate on a $1,000,000 gross estate costs approximately $46,000 in combined statutory attorney and executor fees (Probate Code §§ 10800, 10810) and typically takes 12 to 24 months in Los Angeles County. For deaths on or after April 1, 2025, full probate applies once an estate exceeds California’s small-estate limits: $208,850 in personal property (Probate Code § 13100), or a primary residence worth more than $750,000 (AB 2016, Probate Code §§ 13150–13154). A funded revocable living trust avoids the process entirely.

Reviewed by Daniel J. Matloubian, Esq., CPA (inactive) — California State Bar No. 318355 · Last reviewed July 16, 2026

When Probate Is Required in California

Probate is required when a person dies owning assets titled in their individual name — no trust, no joint title, no beneficiary designation — and those assets exceed California’s small-estate limits: $208,850 in personal property (Probate Code § 13100), or a primary residence valued over $750,000 (AB 2016, Probate Code §§ 13150–13154), for deaths on or after April 1, 2025.

The key word is gross. The limits and the fees are measured by full market value, not your equity. A $900,000 home with a $500,000 mortgage counts as $900,000. In Los Angeles, where the median home price is well above the $750,000 residence cap, one house is enough. Most LA homeowners’ estates will go through probate unless they plan around it.

Smaller estates can often skip full probate: heirs can collect up to $208,850 of bank accounts and other personal property by small estate affidavit 40 days after death, and a primary residence valued up to $750,000 can pass by a Petition to Determine Succession to Real Property (AB 2016). Neither procedure rescues the typical Los Angeles homeowner, because the median LA home is worth more than the $750,000 cap.

What Probate Costs: The Statutory Fee Table

California sets probate fees by statute. Under Probate Code §§ 10800 and 10810, the probate attorney and the executor are each entitled to a fee calculated on the gross estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million.

Gross estate	Attorney fee	Executor fee	Combined
$500,000	~$13,000	~$13,000	~$26,000
$750,000	~$18,000	~$18,000	~$36,000
$1,000,000	~$23,000	~$23,000	~$46,000
$1,500,000	~$28,000	~$28,000	~$56,000
$2,000,000	~$33,000	~$33,000	~$66,000

These fees come out of the estate before your family receives anything. Court filing fees, probate referee fees (0.1% of appraised assets), publication costs, and bond premiums come on top. And if the estate involves litigation or unusual work, the attorney can request “extraordinary” fees beyond the statutory schedule.

The mortgage example

Say you own a $900,000 home in the Valley with a $500,000 mortgage — $400,000 of actual equity. Probate fees are calculated on $900,000: roughly $21,000 for the attorney and $21,000 for the executor. Your family pays about $42,000 in fees to transfer $400,000 of equity. That is how “gross estate” works in practice.

The Los Angeles County Probate Timeline, Step by Step

Twelve to eighteen months is typical. Twenty-four months or longer is common when real property is sold or family conflict surfaces. Here is where the time goes:

1. Petition filed (months 0–2). The petition for probate is filed in Los Angeles County Superior Court and a first hearing is set — often six to ten weeks out.
2. Letters issued (months 2–3). The court appoints the personal representative and issues “letters” — the document banks and title companies require before anyone can act.
3. Creditor period (months 3–7). Known creditors get notice, and a four-month claim window runs. The estate generally cannot close during this period.
4. Inventory and appraisal (months 3–8). A court-appointed probate referee appraises the assets. Real property, business interests, and unusual assets take longer.
5. Debts, taxes, and sales (months 6–14). Valid claims are paid, the decedent’s final tax returns are filed, and any real property sales run through the process — with court confirmation in some cases.
6. Final accounting and distribution (months 12–24). The personal representative files a final accounting and petition for distribution, the court approves fees, and assets are finally released to the family.

During the entire process, estate assets are frozen. The family cannot sell the home, access accounts, or take distributions without court authorization. Everything is public record.

How a Funded Living Trust Avoids All of This

Assets titled in a revocable living trust do not go through probate. When you die, your successor trustee takes over immediately — no petition, no letters, no court calendar. Administration still involves real work (notices, accountings, tax filings), but it is private, it typically moves in weeks and months instead of years, and there is no statutory fee schedule scaling with your home’s value.

The word that matters is funded. A trust only controls assets actually titled in it. Signing a trust and never deeding the house into it is the most common estate planning failure I see — the family ends up in probate anyway, holding a binder that says “trust” on the spine. Funding is part of every Trust Advisor engagement.

Download the Full Guide

The PDF version covers everything above plus planning checklists you can work through at your own pace.

This guide is for general informational purposes and does not constitute legal advice. For guidance on your specific situation, contact Trust Advisor directly.