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Living trust or probate

California

A funded revocable living trust lets the successor trustee handle assets titled to the trustee. Property left in your own name can still be a probate matter in California.

CourtSuperior Court

Where the estate is opened.

Small-estate figure$208,850

Only if the statute's conditions are met. Read the section below.

SpousesCommunity property

See the property section for the statute's words.

Living trust or probate

A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.

At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.

The probate path

In California, the estate is opened in the Superior Court.

The California Courts self-help guide says the probate division of the superior court handles what happens to property, bills, and debts after death. To open probate, a petitioner files a Petition for Probate (form DE-111) in the county where the decedent lived, or in the California county where the decedent owned property if the decedent lived outside California. The probate clerk gives a hearing date, notice is mailed and published, and at the hearing the judge appoints a personal representative, also called an administrator or executor. The personal representative inventories assets, gives notice to creditors, pays debts if there is money to do so, reports to the court, and files a final report and petition for final distribution.

Source: Guide to property after someone dies, California Courts Self Help

Fees

In California, probate compensation is a statutory commission.

The opened Probate Code section 10810 text says that for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative: four percent on the first $100,000; three percent on the next $100,000; two percent on the next $800,000; one percent on the next $9,000,000; one-half of 1 percent on the next $15,000,000; and for all amounts above $25,000,000, a reasonable amount to be determined by the court. The value is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property. The opened section 10800 extract states the same first bracket for the personal representative, four percent on the first $100,000.

Source: California Probate Code section 10810

Calculator

Probate cost

The result is the statutory schedule on this page applied to the amount you enter.

the value of the estate accounted for by the personal representative

Small estate

California's small-estate figure on this page is $208,850 when the statute's conditions are met.

Probate Code sections 13100 and 13101 let a successor collect or transfer personal property without full probate if the estate is under the amount for the date of death and 40 days have passed. The Judicial Council page and form DE-300 adjustment table print these maximum values for sections 13100 and 13101: $166,250 if the person died before April 1, 2022; $184,500 for April 1, 2022 through March 31, 2025; and $208,850 on or after April 1, 2025. The self-help page says to add real and personal property and life insurance or retirement benefits paid to the estate, and not to include cars, boats, mobile homes, real property outside California, property held in trust, joint tenancy, property that passed to a surviving spouse or domestic partner, or assets that pass directly to beneficiaries. The next adjustment date printed on the page is April 1, 2028.

Source: California Courts, Maximum property values for summary succession, Probate Code sections 13100 and 13101

Property of spouses

Spouses in California hold community property.

Family Code section 760 says that, except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.

Source: California Family Code section 760

Questions

The answers use the same statute and court pages as the sections above.

Does a living trust avoid probate in California?

A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.

What is the small-estate procedure in California?

Probate Code sections 13100 and 13101 let a successor collect or transfer personal property without full probate if the estate is under the amount for the date of death and 40 days have passed. The Judicial Council page and form DE-300 adjustment table print these maximum values for sections 13100 and 13101: $166,250 if the person died before April 1, 2022; $184,500 for April 1, 2022 through March 31, 2025; and $208,850 on or after April 1, 2025. The self-help page says to add real and personal property and life insurance or retirement benefits paid to the estate, and not to include cars, boats, mobile homes, real property outside California, property held in trust, joint tenancy, property that passed to a surviving spouse or domestic partner, or assets that pass directly to beneficiaries. The next adjustment date printed on the page is April 1, 2028.

How are probate fees set in California?

The opened Probate Code section 10810 text says that for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative: four percent on the first $100,000; three percent on the next $100,000; two percent on the next $800,000; one percent on the next $9,000,000; one-half of 1 percent on the next $15,000,000; and for all amounts above $25,000,000, a reasonable amount to be determined by the court. The value is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property. The opened section 10800 extract states the same first bracket for the personal representative, four percent on the first $100,000.

How does California treat property of spouses?

Family Code section 760 says that, except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.

Sources

These are the statute and court pages used above.

TaxFreeTrusts

TaxFreeTrusts writes the guides on this site and drafts the will and living trust packets at the prices posted on the page. Dollar figures in the guides are copied from the statute, IRS page, or court site linked beside them.