California Probate Process: A Complete Guide for Heirs and Executors (2026)

California probate is the court-supervised process of transferring a deceased person's assets to their heirs or beneficiaries. When the estate includes real property, probate becomes significantly more complex — and more expensive. Here's every step of the process, updated for 2026 including the new AB 2016 law that took effect April 1, 2025.

When Is Probate Required in California?

Probate is required when a deceased person owned assets in their name alone (not in a trust, not held jointly, not with a named beneficiary) that exceed $184,500 in total value (2024 threshold, adjusted periodically for inflation). Real property almost always triggers probate unless it was held in a living trust, in joint tenancy with right of survivorship, or as community property with right of survivorship. If the deceased had a trust, the property transfers to the trust beneficiaries without probate — this is the primary reason estate planning attorneys recommend living trusts for California homeowners.

AB 2016: The New 2025 Probate Law

Assembly Bill 2016, which took effect April 1, 2025, created a new simplified procedure for transferring a primary residence to a surviving spouse or domestic partner without full probate. Under AB 2016, a surviving spouse can petition to have the family home transferred using a streamlined court process that takes weeks rather than the typical 9–18 months of full probate. This is a significant change for married homeowners — if your spouse passes and the home was community property, you may be able to avoid full probate entirely.

Step 1: Filing the Petition (Weeks 1–4)

The process begins when the executor named in the will (or a family member if there's no will) files a Petition for Probate with the Superior Court in the county where the deceased lived. In Fresno, this is Fresno County Superior Court. The petition identifies the deceased, the heirs, and the estate assets. The court sets a hearing date — typically 4–8 weeks after filing. Filing fees are approximately $435 for estates under $250,000, scaling up for larger estates.

Step 2: Notice to Heirs and Creditors (Weeks 4–8)

After the petition is filed, the executor must provide formal notice to all heirs and beneficiaries, and publish a Notice to Creditors in a local newspaper for 4 consecutive weeks. Creditors have 4 months from the date of first publication to file claims against the estate. This creditor notice period is one of the primary reasons California probate takes so long — the estate cannot be distributed until the creditor period expires.

Step 3: Inventory and Appraisal (Months 2–4)

The executor must inventory all estate assets and have them appraised by a court-appointed Probate Referee. Real property is appraised at fair market value as of the date of death. The Probate Referee's fee is 0.1% of the appraised value of the assets they appraise — on a $400,000 home, that's $400. The inventory and appraisal must be filed with the court.

Step 4: Selling the Real Property (Months 3–12)

If the estate includes real property that needs to be sold, the executor can list it for sale after receiving Letters Testamentary (the court document authorizing them to act on behalf of the estate). For estates subject to the Independent Administration of Estates Act (IAEA), the executor can sell the property without court confirmation — this is faster and allows for a standard real estate transaction. For estates not under IAEA, the sale requires court confirmation, which adds 30–60 days and includes an overbid procedure where other buyers can bid at the confirmation hearing.

Step 5: Paying Debts and Taxes (Months 4–12)

Before distributing assets to heirs, the executor must pay all valid creditor claims, estate taxes (if applicable — federal estate tax only applies to estates over $13.6 million in 2024), and California income taxes on any income earned by the estate during administration. The executor must also file a final income tax return for the deceased and an estate income tax return if the estate earned income during administration.

Step 6: Final Distribution and Closing (Months 9–18)

After all debts are paid and the creditor period has expired, the executor files a Petition for Final Distribution with the court. The court reviews the accounting, approves the distribution, and issues an Order for Final Distribution. The executor then distributes the remaining assets to the heirs according to the will (or California intestacy law if there's no will) and files a final accounting with the court to close the estate.

How Cash Buyers Work With Probate Estates

We purchase probate properties at every stage of the process. We work with the executor and their attorney, understand the court confirmation requirements, and can close on the court's timeline. If the estate needs to sell quickly to cover carrying costs or creditor claims, we can move fast. Call (559) 281-8016 for a free consultation on your probate property situation.