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 April 1, 2025. 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 October 3, 2026.

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 succession

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

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 caveats

Executor compensation

Statutory schedule

A statutory percentage schedule applies. Source: Cal. Prob. Code § 10800.

Compensation detail

California decision map

The four facts that change the California route

Each California answer below links to the page that sets out its source.

California estate administration decision map
QuestionRecorded 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?$355 is the recorded statewide amount.
What does compensation use?Statutory percentage schedule, measured on the estate accounting.

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.

What California courts publish

Every link is probed before each release.

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

Every quotation, edition label and machine check is on the California source record.

California record: 8/8 verified, 29 matched checks, latest source re-fetch October 3, 2026. Source record · method · report a correction