How Long Does Probate Take in California, and What Drives the Cost

A straightforward California probate typically takes 9 to 18 months from the date the petition is filed to the date the judge signs the final distribution order. The probate process follows strict protocols under CA probate law. For example, Prob. Code sec. 9100 establishes a “Creditor Claim Period.” The creditor claim period alone accounts for a mandatory minimum of four months of that window, allowing creditors sufficient time to file against the estate for the decedent’s debts.

California probate fees are set by Probate Code section 10810 and are calculated on the gross estate value, not the net — meaning a Bay Area home with a large mortgage still generates fees based on its full market value. This includes the fees paid to a probate attorney, which are also governed by that section. California probate costs may also be impacted by tax implications, depending on the situation. Also, small estates may avoid probate altogether. Currently (2026), estates avoid probate if their total value is less than $208,850 (for deaths on or after April 1, 2025). Heirs and beneficiaries can find more information on the CA Courts Self-Help pages.

While certain aspects of the probate timeline and associated fees are governed by law, the final timeline and total costs usually depend on the estate’s complexity and whether anyone contests the probate process. Creating proactive estate plans with an experienced attorney is the best way to avoid probate in California.

If it’s too late for that, this post can answer some of the most common questions about California probate timelines, costs, factors that delay the process, and how to avoid probate in California. If you would like a step-by-step overview of what happens at each stage, we recommend visiting our post on how the probate process works, which covers that in detail.

Please note that this post is for general information only and is not legal advice. Estate situations vary; a consultation with an Alameda probate attorney is the best way to understand your options.

The Short Answer: 9 to 18 Months for a Straightforward Estate

If an estate must go through California probate court, it will take an average of 9 to 18 months before the assets can be distributed. Specific milestones must be met along the way, and legally moving through them is a mainstay of the CA probate timeline parameters.

The Milestones That Eat the Calendar

Here are some common milestones that create the 9-18-month California probate timeline.

1. Filing the petition with the Alameda County Superior Court probate division. Someone must determine themselves as the executor of the estate (or heirs can hire a probate attorney to take on that role). According to CA Probate Code Sec. 8000:“At any time after a decedent’s death, any interested person may commence proceedings for administration of the estate of the decedent by a petition to the court for an order determining the date and place of the decedent’s death and for either or both of the following: appointment of a personal representative or Probate of the decedent’s will.”Probate does not commence until the petition is filed and an official public notice has been printed in the appropriate publications.
2. The court schedules the first hearing date. Once the petition is filed and the public notice is published, the court schedules the first hearing date. This can take another 30 to 45 days. At this hearing, the judge will admit a will (if there is one) and issue the Letters Testamentary or Letters of Administration. These documents give a personal representative the legal authority to manage and distribute a deceased person’s estate.
3. Notice to the creditors. The estate’s personal representative or executor is legally required to notify all known creditors of the decedent’s death. Once they have been notified, creditors have up to four full months from the court’s Letters being issued (or 60 days from the rep/executor’s notice, whichever is later) to file their claims. (Prob. Code sec. 9100). In most probate cases, this four months is the longest mandatory waiting period.
4. Inventory and appraisal by the Probate Referee. Now it’s time to establish which assets go through probate and their total value. For this process, the court appoints an appraiser to value all non-cash estate assets. This includes homes, properties, investments, collectibles, furnishings, family heirlooms, jewelry, and so on. This process usually takes four to six weeks from the court’s appointment date, but it can take longer if real estate requires a more formal appraisal or if there are complex assets. Keep in mind, however, that this process can take place during the 4-month mandatory wait for creditor responses noted above.
5. Paying debts and taxes. Throughout the probate process, the executor must continue paying all ongoing bills charged to the estate, pay all valid creditor claims, and pay any taxes owed to the state. The latter means ensuring the estate’s taxes are filed on time.
6. Petition for final distribution. Once all of the estate’s accounting is finalized, the executor files it all with the court. They then ask the court to approve distribution to heirs. Typically, 30 to 45 days later, the court schedules another hearing to officially order the distribution of the remaining estate.
7. The judge signs the order. Assuming everything above was done correctly, the judge signs the order approving distribution to heirs. At this point, the executor can move forward with transferring the appropriate amounts to each beneficiary.

What Pushes the Timeline Past 18 Months

Sometimes, complicating factors push the probate timeline past the 18-month mark. Examples include things like:

• A contested will or objections to the initial (or successive) petitions.
• Assets that are difficult to value, like closely held business interests, out-of-state real property, mineral rights, unique or niche collectibles, etc.)
• Real estate that must be sold through the probate court. If the estate doesn’t have enough liquid assets to cover all of the debts, taxes, or other associated fees, properties or assets must be sold to cover those costs. These sales happen through the probate court.
• Missing or uncooperative heirs.
• Unknown creditors.
• Estate income tax returns (if the estate earns income during the administration period, which is not uncommon for more valuable estates).
• Waiting for federal estate tax returns (Form 706), if the gross estate exceeds the federal exemption, which is $15 million dollars per individual as of 2026.

What California Probate Actually Costs: The Statutory Fee Schedule

California probate costs, outside the paid debts and estate-specific fees, follow a specific formula outlined by the California probate court. The formula uses the gross value of the estate, which means costs can rise quickly compared with a well-executed, proactive estate plan.

Probate Code Section 10810 supplies the fee scale used by the court to determine the total fees paid to the probate attorney and to the executor. Both the probate attorney and the executor’s statutory fees are equal.

How the Probate Code Section 10810 Fee Scale Works

Probate Code Section 10810 uses a scaled percentage of the estate’s gross value (full, fair-market value of all assets, as opposed to net worth). This means that if a Bay Area home is valued at $1.2 million, but the mortgage owed is $700,000, the probate fees are still set by that market value ($1.2 million) number for fee calculation purposes. This can shock Bay Area families.

Here are the current probate fee calculations as of 2026:

• 4% of the first $100,000 of gross estate value.
• 3% of the next $100,000.
• 2% of the next $800,000.
• 1% of the next $9,000,000.
• 0.5% of the next $15,000,000.
• Reasonable amount determined by court above $25,000,000.

Again, the attorney fees (10810) and the executor fees (Code 10811), called “statutory fees,” are set at identical percentage tiers. So, if you work out this calculation, you double that amount to get the total fees owed to the executor and attorney.

Those fees are considered to be ordinary estate fees. There could also be extraordinary fees or costs attached to the process if there is a contested will, real estate sales, tax return preparation, fees for unique appraisals, and so on). These all require court approval and are then billed to the estate separately.

A Worked Example Using a Typical Bay Area Home

Here is a concrete example of what the statutory probate fees would be for a Bay Area estate that includes an Alameda or Oakland area home with a gross market value of $900,000 and additional assets (brokerage accounts and personal property) valuing $200,000, for a gross estate value of approximately $1,100,000.

• 4% of first $100,000 = $4,000
• 3% of second $100,000 = $3,000
• 2% of the next $800,000 = $16,000
• 1% of the following $9 million (in this case, it’s 1% of $100,000) = $1,000

The total statutory fee = $24,000 each.

That means $24,000 goes to the attorney and $24,000 is paid to the executor, for a total of $48,000. And that fee is deducted before any additional court costs, extraordinary fees, or other estate-related expenses.

Additional Costs Beyond Attorney and Executor Fees

Currently (2026), additional probate costs beyond the attorney and executor fees are:

• Court filing fee for the initial petition: approximately $400-$500 (Alameda County Superior Court currently charges $435. The court handles probate cases for Alameda, Oakland, Berkeley, and San Leandro estates).
• Publication of notice: $200-$500 (varies by publication).
• Probate Referee fee: generally 1/10 of 1% of the gross appraised value of the assets appraised.
• Surety bond (if required): premium based on estate value and duration
• Extraordinary fees: vary by complexity; must be approved by the court
• Closing/recording fees for property transfers: $50-$200+.

So, in addition to the $48,000 paid to the probate attorney and the executor, an Alameda or Oakland area estate valued at $1,100,000 could potentially pay a minimum of $2,235 more, for a minimum total of $50,235. The estate deducts that amount before distributing any funds to the beneficiaries.

How a Funded Living Trust Sidesteps Nearly All of This

This is an extraordinary amount of money. And, if the example estate above still owed $700,000 to the lender, in addition to other reasonable debts (car payments, student loans/consolidated loans, etc.), the remainder of the estate’s value can rapidly diminish.

When you compare the $50,235 our fictitious beneficiaries would have “spent” from the estate, vs. the average cost of a funded living trust for an estate with the same value ($1500 – $5,000+), you can see the extraordinary value gained by creating a well-planned estate ahead of time.

A funded living trust, or revocable trust, means the trust owns the assets and has built-in funding to cover associated costs and fees during the distribution period. If a trust is unfunded, it is virtually worthless and offers little benefit when the person dies.

The benefits of creating a funded, living trust vs. having an estate move through probate are:

• The process remains private, rather than becoming part of the public court record that lists assets and beneficiaries.
• The process is much faster, as a trust can be distributed in as little as three months and rarely requires longer than 12 months.
• There are no mandatory creditor-claim waiting periods tied to a court’s calendar.
• The fees are set and clearly outlined by the attorney (usually hourly rates or a set fee) rather than priced by a statutory percentage of an estate’s gross value.

Despite these benefits, clients should view their trust as a living document that requires ongoing review and maintenance. Designing a living trust that honors your values and long-term goals requires an initial estate planning fee, typically ranging from $1,500 to $5,000, although more complex family dynamics or complicated estates may cost more.

Once a revocable or living trust is established and funded, review it annually to ensure it remains relevant and unaffected by normal life changes (buying/selling of assets, divorces, births, deaths, changes in POAs, etc.). Those and other changes may also affect funding, which should also be accounted for to keep the trust viable and able to function as it’s designed.

These and any other changes can be amended relatively quickly with an estate planning attorney, and we can also let you know if any changes or evolving life plans/goals may benefit from additional estate planning services.

Working with a Probate Attorney in Alameda and the East Bay

An experienced probate attorney can help reduce the timeline friction inherent in the milestones listed above. The probate process is complicated, especially if the available representative or executor has never done it before. We ensure court filings are prepared and filed correctly the first time.

Probate attorneys handle all creditor notices and probate publication requirements. We also take care of the probate referee coordination, working with a court-appointed official to appraise and value the estate’s non-cash assets. Once we complete these tasks, we draft and file the final accounting with the court.

Tseng Law Firm frequently works with the Alameda County Superior Court’s probate division, so we understand their process and keep our clients’ probate cases moving as quickly as possible through each of the seven milestones. We invite you to schedule a consultation or call us at (510) 835-3090. You’ll benefit from the peace of mind that Tseng Law Firm will keep the process as stress-free as possible from start to finish.