California probate is the court process for transferring a deceased person's assets to heirs and beneficiaries. Three common paths: small-estate affidavit (no court hearing, fast), spousal property petition (surviving spouse, simplified), and standard administration (full probate, with letters testamentary or letters of administration).
Which path applies
- Small estate affidavit (no real property over $61,500 / total under $184,500). Probate Code §13100 et seq. Survivors collect personal property by sworn affidavit 40 days after death. No court filing required for personal property; abbreviated court process for real property under §13150.
- Spousal Property Petition (DE-221). Probate Code §13500. Surviving spouse or registered domestic partner asks the court to confirm community property and quasi-community property passes to them without full probate.
- Standard administration (DE-111). Probate Code §8000. Required when the estate exceeds the small-estate threshold and there is no surviving spouse simplified path. Court appoints executor (with will) or administrator (without will), issues Letters, and the personal representative administers under court supervision.
Standard probate timeline
- DE-111 Petition for Probate. Filed at the superior court in the decedent's county of residence.
- DE-121 Notice of Petition. Published in a local newspaper for 3 successive weeks; mailed to all heirs and beneficiaries.
- Hearing. Court appoints the personal representative and issues Letters (DE-150 testamentary or DE-150A administration).
- DE-160 Inventory and Appraisal. Personal representative lists all estate assets within 4 months. Probate referee values non-cash assets.
- Creditor claims. Creditors have 4 months from issuance of Letters to file claims (Probate Code §9100).
- Sale of assets, payment of debts, distribution. Personal representative manages estate, sells assets if needed, pays debts/taxes/expenses, and distributes the residue per the will or intestacy.
- Final accounting and distribution. DE-180 / DE-295 final accounting petition. Court approves and discharges the personal representative.
Forms we prepare
Probate document packages
Statutory authority: California Probate Code
§§13100-13211 (small estate procedures); §13500 et seq. (spousal
property); §§8000 et seq. (opening administration); §§9000 et seq.
(creditor claims); §10800 et seq. (compensation of personal
representative); §§11600 et seq. (distribution).
- DE-111 — Petition for Probate
- DE-121 — Notice of Petition to Administer Estate
- DE-131 — Proof of Subscribing Witness
- DE-140 — Order for Probate
- DE-147 — Duties and Liabilities of Personal Representative
- DE-150 / DE-150A — Letters (Testamentary / of Administration)
- DE-160 — Inventory and Appraisal
- DE-161 — Attachment to Inventory and Appraisal
- DE-172 — Creditor's Claim
- DE-221 — Spousal or Domestic Partner Property Petition
- Small Estate Affidavit — Probate Code §13100 (template at our office)
- Affidavit Re Real Property of Small Value — Probate Code §13200