Draft state probate reference
Probate in California: Small Estate and Executor Guide
This draft California probate reference summarizes selected executor compensation and small-estate concepts. Eligibility depends on the assets, date of death, court filings, and other facts.
Draft data: not verified
This page has not been verified against current official California sources. Do not rely on its dollar amounts, fee summary, form name, or procedure without checking the cited statute, current court instructions, and the facts of the estate.
Executor fee rule
California Probate Code section 10800 describes a percentage schedule for ordinary personal-representative services, with court-determined compensation above the final tier.
The statutory calculation generally uses the value of estate property accounted for by the personal representative, subject to the definitions and adjustments in the statute.
Draft schedule
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
- A reasonable amount determined by the court above $25 million
Important limits
- The will, court orders, extraordinary services, multiple representatives, and waivers may affect compensation.
- The statutory basis is not necessarily the estate's net value after debts or liens.
Small estate information
- Draft threshold
- Date-dependent; $184,500 is the published example for deaths on or after April 1, 2022
- Scope
- The cited affidavit procedure concerns qualifying personal property and excludes certain property. California adjusts small-estate limits periodically.
- Form or process name
- Small Estate Affidavit for personal property; the property holder or a local court may provide a form
Eligibility cautions
- This draft amount has not been checked against any later Judicial Council adjustment for the applicable date of death.
- Real property and an already-open probate case can require a different procedure.
- The affidavit procedure generally requires at least 40 days after death.
Draft probate notes
- Confirm the current dollar limit that applies to the decedent's date of death before relying on a small-estate procedure.
- Different simplified procedures may apply to personal property, real property of small value, surviving-spouse property, or a primary residence.
- County superior courts may publish local instructions and filing practices.
Statutes and official starting points
These links are provided for independent review. Their inclusion does not mean this draft page has completed legal verification.
Other draft state references
Frequently asked questions
Is this California probate information verified?
No. This is a draft reference that has not been verified against current official state sources for publication.
What is the draft California small-estate threshold?
Date-dependent; $184,500 is the published example for deaths on or after April 1, 2022. Eligibility has additional requirements and must be confirmed for the specific estate.
How are executor fees described in California?
California Probate Code section 10800 describes a percentage schedule for ordinary personal-representative services, with court-determined compensation above the final tier.
Should I rely on this page instead of legal advice?
No. Probate rules change and depend on the facts. Check current court instructions and statutes, and consult a licensed attorney for legal advice.
This tool provides general information and document templates for convenience. It is not legal advice. Laws vary by state and change over time. Consult a licensed attorney for your situation.