Understanding California Probate: What It Is, How It Works, and How It Compares to Washington
- Jennifer Georgianne
- Jul 6
- 4 min read
Understanding California Probate: What It Is, How It Works, and How It Compares to Washington
When a loved one passes away, the process of settling their estate can feel overwhelming—especially if it goes through probate. In California, probate is a court-supervised legal process used to validate a person’s will (if they had one), pay their debts, and distribute their assets to heirs. It can be time-consuming, expensive, and emotionally draining if you're unprepared.
At East County Estate Planning, PC, we guide families through probate and help them plan ahead to avoid it when possible. Our estate planning services cover La Mesa, Santee, El Cajon, and all of San Diego County, California, as well as Kirkland, Redmond, Bothell, Woodinville, Sammamish, and King County, Washington. Whether you're dealing with probate or trying to avoid it, understanding the process is key.
What Is Probate in California?
California probate is required when a person dies owning real property or other assets valued at over $750,000 (as of 2025) that are not held in a trust or joint ownership, or do not have named beneficiaries.
Probate is handled by the California Superior Court in the county where the deceased person lived at the time of death. The process typically takes 9 to 18 months, but it can last much longer for complex estates.
Steps in the California Probate Process
Here’s a simplified breakdown of the California probate process:
1. File a Petition for Probate
A family member or the named executor files a petition with the probate court to open the case. If there’s a will, it must be filed with the petition. The court schedules a hearing to appoint an executor (if there's a will) or administrator (if there isn't).
2. Notify Heirs and Creditors
All legal heirs and beneficiaries must be formally notified. The executor must also publish notice in a local newspaper and inform known creditors.
3. Inventory and Appraise the Estate
The executor creates an inventory of all assets in the estate, including real estate, bank accounts, personal property, and investments. A probate referee (a court-appointed appraiser) determines the fair market value of these assets.
4. Pay Debts and Taxes
The estate must settle all valid debts, including credit cards, mortgages, medical bills, and taxes. If the estate lacks liquidity, assets may need to be sold to pay creditors.
5. Petition for Final Distribution
Once all debts and expenses are paid, the executor petitions the court for permission to distribute the remaining assets to the rightful heirs or beneficiaries.
6. Close the Estate
After the court approves the final distribution, the executor transfers assets and files the final paperwork to close the estate.
California Probate Fees
Probate can be costly in California. Both the executor and the attorney are entitled to statutory fees based on the value of the estate:
4% of the first $100,000
3% of the next $100,000
2% of the next $800,000
And so on...
For example, a $1 million estate could cost $46,000 in legal and executor fees—not including court costs and other expenses.
How Does Washington Probate Compare?
Washington State also has a probate process, but it’s generally simpler and less expensive than California’s.
Key differences include:
No statutory probate fees: Washington does not mandate fixed attorney or executor fees.
No formal estate value threshold: Washington probate may still be required for smaller estates unless assets are held in joint ownership or trust.
Non-intervention probate: If the will allows, the court may approve a simplified “non-intervention” probate process, which limits court supervision and makes administration much faster.
Lower overall costs and shorter duration: Washington probate is typically less burdensome compared to California.
That said, both states require probate when assets are not properly titled or do not have beneficiaries—and both processes can be avoided or minimized through proper estate planning.
How to Avoid Probate in California (and Washington)
The best way to avoid probate is through a revocable living trust. By transferring your assets into a trust during your lifetime, your estate can avoid court proceedings altogether. Trusts also:
Maintain privacy (unlike probate, which is public)
Allow for faster distribution of assets
Provide planning for incapacity
Reduce costs associated with court filings and statutory fees
At East County Estate Planning, PC, we prepare comprehensive estate plans that include trusts, wills, powers of attorney, health care directives, and trust transfer deeds—everything needed to keep your family protected and out of court.
Local Experience You Can Trust
Whether you’re facing a probate matter or planning to avoid one, we’re here to help. We proudly serve:
California: La Mesa, Santee, El Cajon, San Diego County
Washington: Kirkland, Redmond, Bothell, Woodinville, Sammamish, King County
We’ll walk you through every step and ensure your estate plan is customized to your goals—and your state’s laws.
Schedule a Consultation Today
Don’t let your loved ones face probate court alone—or at all. Contact East County Estate Planning, PC to get started on your estate plan and gain peace of mind knowing your wishes will be honored the right way.
Office Locations
📞 Call us today at (619) 566-8084 or visit www.ecestateplanning.com to schedule your free consultation.
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this blog or contacting our firm through this website does not create an attorney–client relationship. You should not act or refrain from acting based on any content included in this blog without seeking appropriate legal or other professional advice specific to your situation.
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