California probate and real estate: the short answer
California probate is the court process that gives someone legal power to manage and transfer a person's property after death. Real estate is usually the reason it is needed: a house titled in the name of the person who died cannot be sold or deeded to heirs until a court appoints a personal representative and issues letters (Probate Code section 8400).
Not every home has to go through a full probate. Whether yours does depends on how the property was titled and how much it is worth:
- Held in a living trust: the successor trustee handles the home under the trust, with no probate case.
- Joint tenancy or community property with right of survivorship: title passes to the survivor, usually by recording a death certificate and an affidavit.
- Left to a surviving spouse or domestic partner: a spousal property petition can confirm the transfer without full administration (Probate Code section 13500).
- A primary residence worth $750,000 or less: heirs can ask the court for an order under Probate Code section 13151 instead of opening a full probate, for deaths on or after April 1, 2025.
- Everything else: a full probate case in the superior court of the county where the person lived.
Most of the rest of this guide covers that last path, with a focus on what it means for the house: timing, fees, how a probate sale works and what heirs owe in tax afterward.
When a California home needs probate
Small estate limits for deaths on or after April 1, 2025
California law lets heirs skip full probate when the estate falls under set dollar limits. The Judicial Council adjusts them every three years under Probate Code section 890, and the amount that applies depends on the date of death, not the date you file. For deaths on or after April 1, 2025, the Judicial Council's table lists:
| Procedure | Probate Code | Limit (death on or after April 1, 2025) |
|---|---|---|
| Affidavit to collect personal property (bank accounts, vehicles, securities) | 13100, 13101 | $208,850 |
| Court order for a primary residence | 13151, 13152, 13154 | $750,000 |
| Affidavit for real property of small value | 13200 | $69,625 |
For deaths from April 1, 2022 to March 31, 2025, the limits were $184,500 for both the personal property affidavit and the real property petition, and $61,500 for the small-value real property affidavit. The next adjustment is due April 1, 2028.
The $750,000 primary residence petition (AB 2016)
Assembly Bill 2016 (Stats. 2024, ch. 331) raised the limit for the real property petition to $750,000 and limited it to the decedent's primary residence in California. Under section 13151, a successor can file once 40 days have passed since the death. The petition must show the home's gross value from an inventory and appraisal, explain why it was the primary residence, and notice must go to each heir and devisee within five business days of filing. Because "gross value" ignores the mortgage, a $760,000 house with a $400,000 loan does not qualify.
The small-value real property affidavit
Under section 13200, if all the real property in California is worth no more than $69,625 (deaths on or after April 1, 2025), a successor can file an affidavit with the court no sooner than six months after the death. This mostly applies to vacant land, timeshare interests and partial interests rather than whole houses.
Property that passes outside probate
Homes held in a revocable living trust, in joint tenancy, or as community property with right of survivorship pass without a probate case. The small-estate limits are measured after leaving these assets out, so a family with a trust-held house and a modest bank account may need no court process at all. Check the most recent grant deed at the county recorder before assuming a home needs probate.
The California probate process for a house, step by step
Step 1: File the petition and publish notice
The executor named in the will, or an heir if there is no will, files a petition in the superior court of the county where the decedent lived. Under Probate Code section 8003, the hearing is set 15 to 30 days after filing (or 30 to 45 days if the petitioner asks). Notice must be published in a local newspaper at least 15 days before the hearing, with three publications in a weekly or more frequent paper (section 8121). The same petition asks for authority under the Independent Administration of Estates Act, covered below.
Step 2: Letters are issued
Once the court appoints the personal representative and letters are issued, that person can act for the estate (section 8400). Before letters, nobody can list, lease or sell the house on the estate's behalf. Title companies will ask for certified letters before insuring a sale.
Step 3: Inventory and appraisal by a probate referee
The personal representative must file an inventory and appraisal within four months after letters are first issued (section 8800). Cash and similar assets are valued by the representative, but real estate goes to a probate referee appointed by the State Controller (sections 8902 and 8920). The referee's commission is one-tenth of one percent of the value of the property the referee appraises, plus expenses (section 8961).
Step 4: Notify creditors and wait out the claim period
Creditors must file claims by the later of four months after letters are first issued or 60 days after notice of administration is mailed or delivered to them (section 9100). The house can be sold during this period, but the estate usually cannot be distributed until claims are resolved.
Step 5: Sell or distribute the house
The personal representative either sells the home (with or without court confirmation, depending on authority) or keeps it to distribute to the heirs. A property tax change in ownership statement must also be filed with the county recorder or assessor for each county where the decedent owned probate real estate, no later than when the inventory and appraisal is filed (Revenue and Taxation Code section 480).
Step 6: Final accounting and distribution
The personal representative petitions for final distribution or reports on the estate's status within one year after letters are issued, or 18 months if a federal estate tax return is required (section 12200). The court's order for final distribution is recorded to put the house in the heirs' names.
How long probate takes in California
No statute sets a total length for probate, but the deadlines above set the minimum. A simple estate cannot close in less than the time it takes to get a hearing (15 to 30 days after filing), plus the four-month creditor period after letters, plus the time to prepare and hear a petition for final distribution. In practice, that puts an uncontested estate at roughly eight months or more, and section 12200 expects a petition or status report within a year of letters.
What stretches a probate timeline
- Court calendars. Busy probate departments can push hearing dates out, especially for confirmation hearings.
- Disputes. A will contest, a creditor dispute or heirs who disagree on selling can add many months.
- A hard-to-sell house. A home needing major repairs, with tenants in place, or in a slow local market takes longer to sell.
- Federal estate tax. Estates large enough to file a federal estate tax return get 18 months under section 12200.
- Missing paperwork. Lost wills, unclear titles and out-of-state heirs add time to every step.
Selling a house in California probate
Full authority under the IAEA: sale by notice of proposed action
Most California estates ask for authority under the Independent Administration of Estates Act. With "full authority" (section 10402), the personal representative may sell real property without court confirmation (section 10511). Instead, they send a notice of proposed action to the heirs and beneficiaries at least 15 days before the date on or after which the sale is to be made (section 10586). For a real estate sale, the notice must state the material terms, including the price and the commission to be paid (section 10585). Anyone entitled to notice can object in writing; if someone objects, the representative must go to court for that sale.
Limited authority: no power to sell without the court
"Limited authority" (section 10403) includes every IAEA power except selling, exchanging or granting an option on real property, or borrowing against it. Courts grant limited authority when, for example, the will restricts it or an heir objects. With limited authority, a house sale goes through court confirmation.
Court-confirmed sales and the 90 percent rule
When a sale needs court confirmation, the representative accepts an offer subject to the court and files a petition for confirmation. A private sale cannot be confirmed for less than 90 percent of an appraisal made within one year before the hearing (section 10309). Notice of the sale is generally published in a local newspaper before the sale (section 10300).
Overbidding at the confirmation hearing
At the hearing, any responsible person can bid. The court must accept a higher written offer that beats the original bid by at least 10 percent of the first $10,000 plus 5 percent of the rest (section 10311). Buyers should expect the possibility of losing the house in open court, and sellers should expect a longer wait between accepted offer and closing.
Commissions in a probate sale
The personal representative can sign a listing with a licensed broker and use the multiple listing service (section 10150), but the commission binds the estate only for the amount the court allows (sections 10150 and 10161). No commission is owed unless a sale is made, confirmed if required, and closed (section 10160). If a bidder represented by another broker wins at the hearing, commission rules in section 10162 can split or cap the payout. For how commissions are set outside probate, see our real estate commission guide.
Disclosures in a probate sale
Sales ordered by a probate court, and sales by a fiduciary in the administration of a decedent's estate, are exempt from the Transfer Disclosure Statement under Civil Code section 1102.2. That exemption does not cover every other disclosure, such as the natural hazard disclosure, and it does not let an estate hide known defects. Our seller disclosure guide lists which forms still apply, and the as-is selling guide covers pricing a home that needs work.
Probate fees in California and a worked example
California sets the fees for the personal representative and the estate's attorney by statute. For ordinary services, each receives the same percentage of the estate (Probate Code sections 10800 and 10810):
| Portion of the estate | Statutory rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
| Above $25,000,000 | Reasonable amount set by the court |
The base is the inventory value plus gains on sales and receipts, less losses, "without reference to encumbrances" (section 10810(b)). A mortgage does not reduce the fee. The court can allow more for extraordinary services by either one (sections 10801 and 10811).
Worked example: a probate estate with a typical California home
Zillow's typical home value for California was $761,538 in September 2026. Suppose the decedent left a home at that value plus $100,000 in other assets, and the house has a $300,000 mortgage. The fee base is $861,538, because the loan is ignored.
| Tier | Math | Fee |
|---|---|---|
| First $100,000 at 4% | $100,000 x 4% | $4,000.00 |
| Next $100,000 at 3% | $100,000 x 3% | $3,000.00 |
| Remaining $661,538 at 2% | $661,538 x 2% | $13,230.76 |
| Executor fee | $20,230.76 | |
| Attorney fee (same schedule) | $20,230.76 | |
| Probate referee on the home | $761,538 x 0.1% | $761.54 plus expenses |
| Total before court costs and extras | $41,223.06 |
Executors who are also heirs often waive their fee, since it is taxable income while an inheritance generally is not. Court filing fees, publication, bond premiums and sale costs come on top. If this house sold through court confirmation for an original bid of $700,000, the minimum overbid at the hearing would be $735,500 ($1,000 on the first $10,000 plus 5 percent of the remaining $690,000), and the court could not confirm any private sale below 90 percent of a $761,538 appraisal, or $685,384.20.
Property tax and income tax on an inherited California home
Prop 19 and reassessment
Inheriting a home is a change in ownership. Since February 16, 2021, a child keeps a parent's Prop 13 taxable value only if the home was the parent's principal residence or a family farm, the child moves in within a year and files the claim, and only up to a dollar cap. Rentals and second homes are reassessed to market value at the date of death. Our Prop 19 guide covers the forms and the current cap, and the California property tax guide explains supplemental bills.
Stepped-up basis on a sale
The IRS says the basis of inherited property is generally its fair market value on the date of death. If the estate or heirs sell soon after the death for about the appraised value, there may be little taxable gain. Keep the referee's appraisal; it is the starting point for the basis. See our capital gains guide for how gains are taxed when the heirs keep the house and sell later.
Transfer tax on probate and inheritance deeds
A deed that transfers a home because of a death, outright or in trust, is exempt from the documentary transfer tax (Revenue and Taxation Code section 11930). A later sale by the estate or heirs to an outside buyer is taxed normally; see the transfer tax guide.
Common mistakes with probate real estate
- Listing the house before letters are issued. Nobody has legal authority to sign a listing or a purchase contract for the estate until the court issues letters.
- Using net value to test the small-estate limits. The $750,000 petition and the other limits use gross value, so a mortgage does not help a home qualify.
- Letting insurance lapse on a vacant house. Tell the insurer the owner has died and the home is vacant; many policies limit coverage for vacant homes. Our homeowners insurance guide covers the options.
- Missing the change in ownership statement. In a probate, it is due by the time the inventory is filed; for trust and other non-probate transfers, within 150 days of the death (Revenue and Taxation Code section 480).
- Skipping the notice of proposed action. A sale without proper notice can leave the representative exposed to an heir's later objection.
- Assuming a trust covers everything. A house bought after the trust was signed may never have been deeded into it.
If the estate will sell, a listing agent who has handled probate and trust sales can explain the confirmation calendar and price the home for the 90 percent rule. Our guide to selling a house in California covers the steps that are the same in any sale.