What Probate Is
When a California resident dies owning property in their individual name above the probate threshold (~$184,500 as of 2023), those assets must go through probate court in the county where they lived. The Superior Court supervises the entire process — from appointment of a personal representative to final distribution.
What Probate Costs in California
California Probate Code §10810 sets statutory fees based on 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
Both the attorney AND the personal representative are each entitled to these fees. For a $1 million estate: $23,000 each = $46,000 in statutory fees alone.
What Does NOT Go Through Probate
- Assets in a properly funded revocable living trust
- Assets with beneficiary designations (IRAs, life insurance, 401ks)
- Jointly held property with right of survivorship
- Accounts with payable-on-death designations
How to Avoid Probate
A revocable living trust is the most comprehensive probate avoidance tool. Beneficiary designations handle retirement accounts and insurance. For most California homeowners, a trust is the appropriate solution.
Disclaimer: This glossary entry is for general educational purposes only and does not constitute legal or tax advice. Laws change frequently and vary by individual circumstances. Consult a licensed California attorney or CPA for guidance on your specific situation.