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Estate

probate

Probate is the court process that proves a will, pays debts and passes a person's property to heirs. California allows simpler steps for smaller estates.

Probate is the court-supervised process of settling a person's estate after death. A judge confirms the will, the executor pays debts and taxes, and the court approves how the remaining property passes to heirs. It takes time and has court and attorney costs.

California shortcuts. The California Courts self-help site says not all estates need formal probate. For a person who died on or after April 1, 2025, personal property can be collected without full probate if the estate is within the $208,850 maximum. A main home can qualify for a simpler court petition under a $750,000 limit. The state adjusts these limits every three years.

A round example. For example, a home worth $1,200,000 held in the owner's name would exceed that limit and likely face formal probate. If the same home sat in a funded trust, probate would not be needed for it. These are illustrations, not advice.

Why it matters to your plan. Probate is public and slow. Many families plan to avoid it. See our California estate planning checklist.

Read nextTrust and estate planning for California families: probate, Prop 19 and what you leave behind

Related terms

Sources

  1. California Courts Self Help Guide: Check if you can use a simple process to transfer property
  2. California Courts Self Help Guide: Check if you can use a simple process to transfer property
  3. California Courts Self Help Guide: Check if you can use a simple process to transfer property
  4. California Courts Self Help Guide: Check if you can use a simple process to transfer property

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