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California Probate by County

Probate timelines and procedures vary across California county courts. Here is a county-by-county overview to help set expectations for heirs.

Why county matters in California probate

California probate is governed by a single statewide legal framework — the California Probate Code. Every county uses the same Judicial Council forms, follows the same statutory fee schedule, and applies the same fundamental rules. However, the practical experience of going through probate can vary significantly depending on which county's Superior Court is handling your case.

The biggest differences come down to court volume, staffing, local rules, and how quickly probate examiners review filings. A straightforward estate might move through a smaller county in 9-12 months but take 14-18 months or longer in a high-volume county like Los Angeles — not because the law is different, but because the court has more cases to process.

Important: The timelines below are rough general estimates based on publicly available information, practitioner reports, and court resources. They are not guarantees, and your estate's actual timeline will depend on its specific circumstances. We strongly recommend consulting with a probate attorney in your county for guidance tailored to your situation.

Major counties at a glance

Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.

County Est. Population Typical Timeline Court Volume Notable
Los Angeles ~10M 12-24+ months Very High Largest probate court in CA. Mandatory cover sheets (Rule 4.5). Significant hearing delays due to caseload. Multiple courthouse locations.
San Diego ~3.3M 9-18 months High Provides helpful official timeline documentation (Form PR-195). Initial hearings typically 2-3 months out. Well-organized online resources.
Orange ~3.2M 9-15 months High Generally fastest hearing scheduling among large counties (5-6 weeks). Earliest probate examiner review (3-4 weeks before hearing). Online probate notes system.
Riverside ~2.5M 9-18 months High Growing population creating increased caseload. Multiple courthouse locations including Riverside, Palm Springs, and others.
San Bernardino ~2.2M 9-18 months High Largest county by area in CA. Court resources stretched across wide geography. Probate handled at specific locations.
Santa Clara ~1.9M 10-18 months High Silicon Valley area. High property values mean larger estates and higher statutory fees. Complex estates common due to tech wealth and stock holdings.
Alameda ~1.7M 10-18 months High East Bay / Oakland area. High property values. Probate handled at specific courthouse location.
Sacramento ~1.6M 9-16 months Moderate State capital. Moderate caseload relative to population. Probate department at William R. Ridgeway courthouse.
San Francisco ~870K 12-20 months Very High Smaller population but extremely high property values and complex estates. Court backlog relative to resources. Hearing delays common.
Contra Costa ~1.2M 9-16 months Moderate East Bay suburbs. Generally moderate processing times. Good online resources.
Fresno ~1M 9-14 months Moderate Central Valley. Lower property values generally mean smaller estates and lower statutory fees.
Ventura ~840K 10-18 months High Only one probate court for the entire county — limited resources relative to demand. Can experience notable delays.
San Mateo ~760K 9-16 months Moderate Peninsula / South San Francisco area. Very high property values. Moderate court volume.
Kern ~910K 9-14 months Moderate Bakersfield area. Lower property values and moderate caseload generally mean faster processing.

Timelines are rough general estimates and vary significantly by individual estate. Population figures are approximate. Consult a local probate attorney for guidance specific to your situation.

What is consistent across all California counties

While processing speed varies, several aspects of California probate are identical statewide, regardless of county:

Filing fees. The initial probate petition filing fee is $435 in most counties (base fee of $355 under Government Code §70650 plus statewide surcharges). Riverside, San Bernardino, and San Francisco counties charge $450 due to additional local courthouse construction surcharges. Additional petitions (such as the petition for final distribution) incur similar fees.

Statutory attorney and executor fees. These are set by California Probate Code Section 10810 and are the same in every county. Both the attorney and personal representative receive: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9,000,000, and 0.5% on the next $15,000,000. These fees are based on the gross value of the estate — debts and mortgages are not subtracted. For a $1 million estate, combined statutory fees for both attorney and executor total approximately $46,000.

Creditor notification period. In all counties, creditors have four months from the date the personal representative is appointed to file claims against the estate. This mandatory waiting period is one reason California probate takes a minimum of several months.

Probate referee fees. A court-appointed probate referee appraises non-cash assets for a fee of 0.1% of their appraised value. This applies uniformly in all counties.

Small estate threshold. Estates with assets valued at $208,850 or less (as of April 1, 2025) may qualify for simplified small estate procedures statewide. Additionally, a deceased person's primary residence valued up to $750,000 may be transferable through a simplified petition (effective April 1, 2025), without full formal probate.

If you are a California heir waiting on probate

Regardless of which county your estate is in, the waiting period can create real financial pressure. Whether probate is taking 9 months in Orange County or 18+ months in Los Angeles, your bills and expenses don't pause.

A California inheritance advance can provide funds in as little as 48 hours — no matter which county your estate is in. There's no credit check, no monthly payments, and no personal risk. Get a free quote or call (800) 617-7260.

Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.

Frequently Asked Questions

Among the larger counties, Orange County is generally reported to schedule initial hearings fastest (around 5-6 weeks) and has an early probate examiner review process. Smaller rural counties may also process cases more quickly due to lighter caseloads, though they may have fewer available resources and hearing dates. Individual results always depend on the specific estate.

Los Angeles County has by far the largest probate caseload in California, serving a population of approximately 10 million. Limited court staffing relative to volume, multiple courthouse locations, and the sheer number of filings create scheduling delays that extend timelines beyond what smaller counties experience. Mandatory cover sheet requirements (Local Rule 4.5) add an additional procedural step.

Generally, no. California law requires that probate be filed in the county where the deceased person lived at the time of death. If the deceased lived outside California but owned property in the state, you file in the California county where the property is located. You cannot choose a different county for convenience or speed.

Statutory attorney and executor fees are identical in all 58 counties. Filing fees are $435 in most counties, though Riverside, San Bernardino, and San Francisco charge $450 due to local courthouse construction surcharges. Other variations include publication costs (which depend on local newspaper rates) and minor county-specific administrative fees. The differences in these secondary costs are generally small compared to statutory fees.

Not necessarily. Any California-licensed attorney can handle probate in any California county. However, an attorney familiar with the local court's procedures, probate examiners, and hearing schedules can be advantageous — especially in counties with unique local rules or high caseloads.

Related Resources

CA Probate Fee CalculatorRead more →CA Intestate Succession ToolRead more →California Inheritance AdvanceRead more →How Long Does Probate Take?Read more →

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