How Probate Works in California in 2026

After a family member passes away, there are many decisions that have to be made. There are burial wishes and funeral arrangements, mourning, and shared memories. Many of us don’t think about the next steps. To be prepared, it is beneficial to be familiar with how probate works in California and how it can affect your loved one’s estate.

What Is Probate?

Probate is the legal process to inherit or transfer property after someone passes away. In some situations, it isn’t as simple as reading the will and dividing assets. Documents need to be submitted, hearings are conducted, and fees are paid. It is complex. If your loved one didn’t have an estate plan in place, you can face many months of waiting until final decisions are made.

In 2023, the California Superior Courts handled 60,286 probate cases. To avoid mistakes in your case, you may want to hire a probate lawyer who has experience with this area of the law. You will want an Orange County legal professional who is organized, responsive throughout the process, and familiar with procedures and expectations at the Costa Mesa Justice Center.

The Five Steps of Probate in California

California probate laws detail the steps that need to be completed during the process.

1. File a petition. The appropriate paperwork is filed along with any other legal documents, like a will. The will needs to be validated, meaning that it’s been prepared and signed properly based on California law. If there is no will, the estate is divided in accordance with succession laws, which only allows for blood relatives to inherit. Unmarried partners or charities will not inherit anything without a valid will specifying so.
2. Beneficiaries, heirs, and creditors are notified. Everyone involved is formally told about the probate court hearing. This gives the creditors a chance to request to be paid for any debts accrued by the deceased individual.
3. Inventory assets and appraise their value. This is done by a court-appointed probate referee and includes:
   • Real estate owned by the deceased individual
   • Stocks and bonds
   • Individual bank accounts
   • Personal vehicles
   • Business interests
   • Copyrights, trademarks, patents, or royalties
4. Pay any applicable taxes and other debts. Once the debts have been reported and assessed, they are paid by the estate.
5. Distribute what remains to the beneficiaries or heirs. At the end of the process, the assets are given to those who are entitled to them.

Exceptions from Probate

In California, there are a few exceptions to probate. Those exceptions include:

• Living trusts. When a living trust is established while someone is still alive, upon their death, their assets go directly to the beneficiaries they have chosen.
• Accounts with named beneficiaries. These accounts are not included in the inventory of the assets. This is common with retirement accounts, which have a beneficiary or beneficiaries named before death.
• Property or businesses owned jointly. Since joint ownership can include someone who is still alive, these assets can’t be included in probate if they are jointly owned property or community property with right of survivorship.
• Small estates. According to Probate Code 13100 and 13101, a total estate estimated value of $208,850 or below can be addressed by an affidavit, making the process quicker. This amount went into effect on April 1, 2025, and is recalculated every three years.
• Real property. If the main residential home of the deceased is valued at $750,000 or below, probate can be bypassed with a streamlined petition if the death of the owner occurred after April 1, 2025.

Why Choose Us?

Kevin Rice, Attorneys at Law, was established in 1994. For over 30 years, we have been handling probate cases in Southern California. We offer support and compassion during this difficult time for you and your family. Our dedicated legal team wants to make this a smooth process for you. Handling probate on your own can be stressful and overwhelming. We are a probate-focused law firm and can confidently help you through this process.

FAQs for Orange County Probate Lawyers

Q: How Long Does Probate Take in California?

A: It can be difficult to determine how long probate will take, as every probate case is different. Larger estates with more assets to assess can take longer than a smaller estate. When there are disputes or a lack of a will, distributing the estate can take a lengthy period of time. There can also be delays with the Orange County Superior Court due to the number of probate cases that need to be addressed at any given time.

Q: What Are the Common Mistakes Made in Probate?

A: Some common mistakes made in probate include missing deadlines. California’s probate laws dictate a strict procedure that must be followed. Another mistake is distributing assets before the judge signs the final order. Some people try to take an advance on their inheritance and face legal consequences. Funds for the estate must stay in a separate account from personal funds until the final step in the probate process.

Q: Do Bank Accounts Go Through Probate in California?

A: Personal bank accounts go through probate, but joint accounts do not. Since the funds in a joint account legally belong to both people, they are not subject to the estate’s inventory. The surviving individual on the joint account can present a death certificate at the bank and fill out the appropriate paperwork to put the money from the joint account into a personal one.

Q: How Much Is a Probate Attorney in California?

A: Unlike some other areas of law, probate attorneys have a set fee, based on the California Probate Code 10810. It is a percentage of the estate’s final value instead of charging by the hour. The percentages are as follows:

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9 million

Hire a Probate Lawyer You Can Count on in Orange County

At Kevin Rice, Attorneys at Law, we have handled probate cases for decades. Our experienced legal team is well-versed in the relevant law and the entire process. We approach every case with honesty, making communication a key component from beginning to end. Saying goodbye to a loved one is devastating. You need someone on your side during the aftermath. Contact us today for a case review, so we can help you through this difficult time.