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Settling an estate in California

In California, probate typically takes 12-18 months. Estates under $184,500 can usually use a simpler small-estate process. California has no state estate tax and no inheritance tax.

The key numbers

Reviewed January 2026
Typical probate timeline
12-18 months
Small estate limit
$184,500
Small estate process
Small estate affidavit (Probate Code §13100). Available 40 days after death for personal property.
Deadline to file the will / open probate
No strict deadline, but should be filed promptly
State estate tax
No
Inheritance tax
No
Executor pay
Statutory percentage: 4% of first $100K, 3% of next $100K, 2% of next $800K, 1% of next $9M.
Community property state
Yes
Homestead protection
Homestead exemption protects $300K-$600K of equity depending on county.

Deadlines to know

Small estate affidavit
40 days after death
Creditor claims period
4 months from Letters issued
Final income tax
April 15 of following year

Common questions

How long does probate take in California?

Probate in California typically takes 12-18 months. Simple estates move faster; disputes, real estate in other states, or a business can stretch it.

What is the small estate limit in California?

$184,500. Small estate affidavit (Probate Code §13100). Available 40 days after death for personal property.

Does California have an estate or inheritance tax?

No. California has no state estate tax. It has no inheritance tax.

How much does an executor get paid in California?

Statutory percentage: 4% of first $100K, 3% of next $100K, 2% of next $800K, 1% of next $9M.

Next steps

Read the full California estate settlement guide, or start with Executor 101.

Get a California checklist with Afterward →

Figures last reviewed January 2026. Laws change, and this is general information, not legal advice. Confirm with the California probate court in the county where your loved one lived, or a local estate attorney.