Administrative guidance only. This guide provides general information about estate administration in California. Laws change frequently. Consult a licensed California estate attorney for legal advice specific to your situation.
California-specific probate rules
California has one of the highest probate thresholds in the country at $184,500. Estates below this may use a simplified affidavit procedure. California also allows a unique 'spousal property petition' for surviving spouses to transfer community property without full probate.
Key facts for California estates
- Probate threshold: $184,500 (2024) — estates above this typically require full probate
- Simplified affidavit available for estates under the threshold
- Community property state — surviving spouse typically retains their half automatically
- Probate fees are set by statute: 4% of first $100K, 3% of next $100K, 2% of next $800K
- California Probate Code 13100 affidavit: allows 40-day waiting period then direct transfer of small assets
- No California state estate tax — only federal estate tax applies (threshold: $13.61M in 2024)
Your urgent California-specific tasks
- File for probate in the Superior Court of the county where the deceased lived
- Publish notice to creditors in a local newspaper (required by California law)
- File final California income tax return (Form 540) by April 15 of following year
- Search California unclaimed property at claimit.ca.gov
- Notify California DMV of death — title transfers require REG 5 form
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