California Probate & Inherited Home Report 2026
What California heirs should know about probate volume, costs, alternatives, Prop 19 and the rules for selling an inherited house.
Updated October 2026. California superior courts received 66,908 probate filings in fiscal year 2024-25, up 40% from FY 2015-16, according to the Judicial Council of California’s 2026 Court Statistics Report. Many future estates will include a home: Census Bureau estimates for 2020-2024 show that 33.8% of California owner households are headed by someone 65 or older, and 52.3% of those older owners have no mortgage. In a court-supervised probate, statutory attorney and executor fees on the $901,420 statewide median home price (C.A.R., August 2026) total about $42,057. This report explains when probate is required, what it costs, how Prop 19 affects heirs and how an inherited house can be sold.
California probate and inherited home data: key findings (October 2026)
Published October 2, 2026. Each statistic below names its source and period.
- California superior courts received 66,908 probate filings in FY 2024-25, up 5.0% from FY 2023-24 and up 40% from FY 2015-16. Source: Judicial Council of California, 2026 Court Statistics Report.
- Of those, 41,985 were estates, trusts and other probate matters (down 2.3% from the prior year) and 24,923 were conservatorships and guardianships (up 20.1%), which drove the latest increase.
- 33.8% of California owner households are headed by someone 65 or older (2,555,171 homes), and 52.3% of those older owners have no mortgage. Source: U.S. Census Bureau, ACS 2020-2024 5-year.
- In a court-supervised probate, statutory fees on the $901,420 statewide median home would be about $21,028 for the attorney and $21,028 for the executor ($42,057 combined), based on the gross value of the estate (Probate Code §§10800, 10810).
- Simplified procedures can avoid full probate: a small-estate affidavit for personal property when the estate is $208,850 or less, a small-value real property affidavit for real property up to $69,625, and a court petition for a primary residence worth up to $750,000 for deaths on or after April 1, 2025 (Probate Code §§13100, 13200, 13151; Judicial Council adjusted amounts).
- Counties with the highest share of owners aged 65 or older: Sierra (63.5%), Plumas (53.4%), Trinity (53.0%), Alpine (52.9%), Modoc (51.8%).
How much does probate cost in California?
Attorney and executor statutory fees are each 4% of the first $100,000 of the gross estate, 3% of the next $100,000 and 2% of the next $800,000, so a $901,420 home produces about $21,028 in each fee.
Do I have to go through probate to sell an inherited house in California?
Not always. Homes held in a living trust, owned jointly with right of survivorship, or eligible for the small-estate or primary-residence procedures can avoid full probate. Otherwise the sale usually happens through the probate estate.
Does Prop 19 affect inherited homes?
Yes. A child can keep the parent's assessed value only if the home becomes the child's principal residence within one year, and only up to the assessed value plus $1,044,586 for transfers from February 16, 2025 to February 15, 2027.
| Gross estate value | Attorney fee | Executor fee | Combined |
|---|---|---|---|
| $500,000 | $13,000 | $13,000 | $26,000 |
| $901,420 (state median) | $21,028 | $21,028 | $42,057 |
| $1,000,000 | $23,000 | $23,000 | $46,000 |
| $1,500,000 | $28,000 | $28,000 | $56,000 |
| $2,000,000 | $33,000 | $33,000 | $66,000 |
| County | Probate filings FY24-25 | FY23-24 | Owner households 65+ | Share of owners 65+ | 65+ owners with no mortgage |
|---|---|---|---|---|---|
| Los Angeles | 18,304 | 19,046 | 527,771 | 33.7% | 50.2% |
| San Bernardino | 4,568 | 3,888 | 118,268 | 28.2% | 51.3% |
| Riverside | 4,565 | 4,156 | 173,783 | 32.4% | 50.6% |
| Orange | 4,336 | 3,911 | 211,608 | 34.7% | 53.1% |
| San Diego | 3,668 | 3,704 | 217,994 | 34.1% | 49.9% |
| Sacramento | 2,845 | 2,272 | 104,974 | 31.1% | 50.4% |
| Santa Clara | 2,699 | 2,440 | 110,414 | 30.4% | 55.6% |
| Alameda | 2,201 | 2,036 | 99,253 | 30.5% | 52.0% |
| Contra Costa | 2,123 | 1,944 | 93,213 | 33.1% | 49.6% |
| Fresno | 2,044 | 1,538 | 54,528 | 30.2% | 55.7% |
| Kern | 1,780 | 1,552 | 48,962 | 28.6% | 55.2% |
| San Mateo | 1,504 | 1,481 | 55,868 | 36.1% | 54.8% |
| San Joaquin | 1,439 | 1,240 | 44,930 | 29.6% | 49.7% |
| Ventura | 1,152 | 1,101 | 66,723 | 36.9% | 50.2% |
| San Francisco | 1,128 | 1,048 | 45,081 | 32.4% | 59.7% |
| Stanislaus | 952 | 898 | 33,507 | 30.8% | 57.1% |
| Sonoma | 819 | 822 | 50,479 | 42.2% | 51.5% |
| Tulare | 779 | 784 | 24,536 | 29.3% | 53.9% |
| Solano | 775 | 651 | 34,754 | 35.0% | 46.1% |
| Santa Barbara | 675 | 617 | 33,035 | 42.2% | 54.8% |
| Monterey | 651 | 579 | 27,423 | 39.7% | 54.5% |
| Placer | 646 | 699 | 42,165 | 35.7% | 51.2% |
| Marin | 604 | 640 | 29,814 | 44.8% | 51.4% |
| Butte | 516 | 571 | 19,143 | 40.1% | 63.6% |
| Shasta | 481 | 470 | 19,251 | 41.2% | 56.0% |
| Merced | 467 | 417 | 13,554 | 29.2% | 58.0% |
| San Luis Obispo | 382 | 387 | 31,377 | 46.2% | 53.7% |
| Santa Cruz | 335 | 386 | 24,954 | 43.0% | 53.6% |
| Yolo | 327 | 310 | 13,197 | 31.7% | 58.0% |
| Madera | 320 | 265 | 10,697 | 34.9% | 51.9% |
| Humboldt | 319 | 340 | 13,291 | 42.8% | 64.3% |
| Napa | 313 | 323 | 13,293 | 42.1% | 56.3% |
| El Dorado | 304 | 341 | 23,639 | 40.2% | 50.6% |
| Imperial | 284 | 261 | 8,728 | 30.9% | 57.3% |
| Sutter | 258 | 179 | 7,146 | 35.0% | 54.7% |
| Nevada | 218 | 198 | 15,223 | 47.1% | 55.6% |
| Kings | 203 | 179 | 6,659 | 27.9% | 55.7% |
| Mendocino | 197 | 168 | 10,362 | 48.2% | 63.6% |
| Lake | 194 | 221 | 8,725 | 44.9% | 60.3% |
| Siskiyou | 177 | 234 | 6,486 | 49.1% | 67.4% |
| Tehama | 164 | 162 | 6,807 | 40.9% | 64.3% |
| Yuba | 162 | 184 | 4,878 | 26.8% | 48.4% |
| Tuolumne | 140 | 136 | 8,441 | 50.3% | 54.4% |
| Calaveras | 127 | 106 | 7,095 | 45.8% | 60.2% |
| San Benito | 116 | 76 | 4,178 | 29.9% | 50.5% |
| Amador | 109 | 99 | 5,861 | 45.3% | 55.5% |
| Del Norte | 75 | 88 | 2,821 | 42.3% | 67.8% |
| Lassen | 75 | 63 | 2,543 | 40.3% | 65.6% |
| Glenn | 68 | 71 | 2,280 | 38.0% | 65.2% |
| Plumas | 58 | 67 | 3,208 | 53.4% | 58.2% |
| Mariposa | 57 | 43 | 2,781 | 49.6% | 59.9% |
| Modoc | 53 | 50 | 1,310 | 51.8% | 72.1% |
| Inyo | 49 | 54 | 2,500 | 46.8% | 78.5% |
| Trinity | 43 | 47 | 2,122 | 53.0% | 77.3% |
| Colusa | 32 | 28 | 1,645 | 35.2% | 63.6% |
| Mono | 17 | 21 | 1,155 | 30.7% | 53.3% |
| Sierra | 7 | 11 | 558 | 63.5% | 47.5% |
| Alpine | 4 | 6 | 180 | 52.9% | 65.0% |
Sources: Judicial Council of California, 2026 Court Statistics Report; California Probate Code §10810 (attorney fees); California Probate Code §13100 (small estates); California State Board of Equalization: Proposition 19; U.S. Census Bureau ACS 2020-2024 5-year estimates (Census Reporter); C.A.R. August 2026 home sales and price report. Download the data (CSV) · How to cite this report
How many probate cases are filed in California?
Nearly 67,000 in the latest year, and the total keeps rising: the Judicial Council counted 66,908 probate filings in FY 2024-25, up 5.0% from 63,727 the year before. Filings have grown every year since FY 2019-20, a year the Judicial Council says was significantly affected by pandemic limits on court operations.
The mix matters. The latest increase came from conservatorships and guardianships, which rose from 20,749 to 24,923, while estate, trust and other probate matters slipped from 42,978 to 41,985; that category is still about 30% above its FY 2015-16 level of 32,278. The Judicial Council does not count decedents’ estates separately, so these totals are a broad indicator, not a count of inherited homes.
Los Angeles County had 18,304 filings, about 27% of the state total, followed by San Bernardino (4,568), Riverside (4,565), Orange (4,336) and San Diego (3,668). From the prior year, filings fell 3.9% in Los Angeles County and rose 17.5% in San Bernardino County.
When is probate required, and what are the alternatives?
Probate is generally needed when a home was in the decedent’s name alone, with no trust or transfer-at-death arrangement, and its value exceeds the simplified-procedure limits. Common ways to avoid full probate:
- Living trust: the successor trustee handles the home under the trust’s terms, outside probate court.
- Joint tenancy or community property with right of survivorship: title generally passes to the surviving owner.
- Revocable transfer on death deed: the named beneficiary receives the home at death (Probate Code §5600 and following).
- Spousal property petition: a surviving spouse can ask the court to confirm that property passes to them without full administration (§13650).
For smaller estates, these limits apply to deaths on or after April 1, 2025:
| Procedure | Limit | Earliest use |
|---|---|---|
| Primary-residence petition (§13151) | Decedent’s California primary residence worth up to $750,000 | 40 days after death |
| Small-value real property affidavit (§13200) | California real property worth up to $69,625 | 6 months after death |
| Small-estate affidavit (§13100) | Estate up to $208,850 (certain property excluded); collects personal property such as bank accounts | 40 days after death |
The $750,000 limit applies to deaths through March 31, 2028 (§13152), and both real property procedures require a probate referee’s appraisal. The small-estate affidavit does not transfer a house.
How are statutory probate fees calculated?
The executor (Probate Code §10800) and the executor’s attorney (§10810) are each paid on the same scale: 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million and 0.5% of the next $15 million. The combined cost is therefore double the schedule.
The fee base is the gross value of the estate: the inventory appraisal plus gains on sales and receipts, minus losses on sales, “without reference to encumbrances or other obligations.” A mortgage does not reduce it. For a $901,420 home, each fee is $4,000 + $3,000 + $14,028 = $21,028, or $42,057 combined, whether the house is paid off or carries a large loan. At $500,000 each fee is $13,000; at $2 million, $33,000.
These amounts cover ordinary services only. The court may award extra compensation for extraordinary services (§10811), and California Rules of Court rule 7.703 lists selling real property and related legal work as examples. Court filing and appraisal costs are separate.
How does Prop 19 affect heirs who keep the home?
Prop 19 decides whether an inherited home keeps the parent’s property tax base. According to the State Board of Equalization (BOE), the home must have been the parent’s principal residence and must become the principal residence of at least one child who inherits it. That child must file for the homeowners’ or disabled veterans’ exemption within one year of the death; a later filing applies only going forward. The BOE-19-P claim is due within three years of the death or before a transfer to a third party, whichever comes first.
The benefit is capped: for transfers from February 16, 2025 through February 15, 2027, the excluded amount is the home’s factored base year value plus $1,044,586, and market value above that is added to the taxable value. If the child moves out or the home becomes a rental, it is reassessed. Homes in a revocable trust follow the same rules, because the change in ownership generally occurs at the death.
For heirs who will not live in the house, the result is reassessment to market value as of the date of death, which can change the math on keeping or renting a long-held home.
How does selling a house in probate work?
The court-appointed personal representative (the executor or administrator) handles the sale, using one of two routes.
Court confirmation
Under Probate Code §10308, a sale must be reported to and confirmed by the court before title passes, unless the representative sells under independent administration. In a private sale, the house must have been appraised within one year before the confirmation hearing, and the offer must be at least 90% of the appraised value (§10309). At the hearing, other buyers can overbid by at least 10% of the first $10,000 of the original bid plus 5% of the rest (§10311): on an accepted offer of $901,420, the first overbid must be at least $946,991.
Independent administration
A representative with full authority under the Independent Administration of Estates Act can sell without court confirmation, and the 90% minimum and court approval of commissions do not apply (§10503). The representative must give a Notice of Proposed Action at least 15 days before the sale date to those entitled to notice (§10586), and a written objection sends the sale to court supervision (§§10587, 10589). Limited authority does not include selling real property (§10403).
The same rules apply whether the house is listed with an agent or sold as-is to a cash buyer, so heirs should compare net proceeds and timing after fees, repairs and carrying costs. Our page on selling an inherited property explains the cash option.
Practical steps for heirs: secure, insure, value, decide
- Secure the house. Lock it, keep essential utilities on, collect the mail and check on it regularly, especially if it is empty.
- Call the insurer. Report the death and whether anyone lives there, and ask whether a vacancy clause applies or a different policy is needed.
- Keep paying the bills. Mortgage, property tax and insurance payments continue while the estate is open.
- Document the value. In probate, the representative files an inventory and appraisal within four months after letters are first issued (§8800). The date-of-death value also matters for income taxes.
- Decide: keep, rent or sell. Keeping the tax base requires an heir to move in under Prop 19; renting generally means reassessment; selling requires agreement on price, repairs and timing.
Older and mortgage-free owners: what the data suggest
The pipeline of future inherited homes is large. The Census Bureau’s American Community Survey (2020-2024) counts 2,555,171 California owner households headed by someone 65 or older, 33.8% of all owner households, and 52.3% of those older owners have no mortgage.
Older owners make up the largest share in rural counties such as Sierra (63.5%), Plumas (53.4%) and Trinity (53.0%), and the share without a mortgage is highest in Inyo (78.5%), Trinity (77.3%) and Modoc (72.1%). Los Angeles County has 527,771 older owner households, 50.2% of them mortgage-free.
For heirs, a paid-off house means more equity and no lender deadline, but not lower probate fees, which are based on gross value; taxes, insurance and upkeep continue while the estate is open.
Frequently asked questions
How long does probate take in California?
There is no fixed timeline, but the law sets milestones. Creditors generally have until the later of four months after letters are first issued or 60 days after notice is given to them (§9100), and the representative must petition for final distribution or file a status report within one year after letters are issued, or 18 months if a federal estate tax return is required (§12200). Disputes and court calendars can add time.
Does California have an inheritance or estate tax?
Not for current deaths. The State Controller’s Office says no California estate tax return is required for deaths on or after January 1, 2005, and its inheritance tax applies only to deaths before June 8, 1982. Federal estate tax rules are separate; a CPA or estate attorney can tell you whether they apply.
Will heirs owe capital gains tax when they sell?
It depends on the sale price compared with the heir’s tax basis. IRS Publication 551 says the basis of inherited property is generally its fair market value at the date of death, or on an alternate valuation date if the estate elects one. A sale near that value generally produces little taxable gain, but a CPA should confirm the details.
What happens to the mortgage on an inherited house?
The loan stays with the property, and payments must continue from the estate or the heirs. The Consumer Financial Protection Bureau notes that the federal Garn-St Germain Act generally bars lenders from enforcing a due-on-sale clause after certain transfers that follow a borrower’s death, and that a successor confirmed by the servicer is treated as a borrower under federal servicing rules.
Methodology and sources
Filing counts are from the Judicial Council of California’s 2026 Court Statistics Report (statewide FY 2023-24 as revised; county changes compare with the 2025 report). Probate filings include estates, trusts, conservatorships, guardianships and other matters. Owner figures are Census Bureau ACS 2020-2024 5-year estimates, with larger margins of error in small counties. Fee examples follow Probate Code §§10800 and 10810 for ordinary services. Legal rules were checked on official sources in October 2026.
Sources: Judicial Council 2026 Court Statistics Report; ACS 2020-2024 (Census Reporter); C.A.R. August 2026; Probate Code §10800, §10810, §10308, §10503, §13151 and §12200; Judicial Council adjusted dollar amounts; Rule of Court 7.703; BOE Proposition 19; BOE News Release 25-02; State Controller; IRS Publication 551; CFPB.
Related research: our free-and-clear homes, transfer tax, vacant homes and as-is home sale reports, plus the full Reports directory. Heirs can also read about selling an inherited property, how a direct cash sale works and where we buy.
How to cite this report
Cash Home Buyers CA Research Team. (2026). California Probate & Inherited Home Report 2026. Cash Home Buyers CA. Updated October 8, 2026. https://cashhomebuyersca.com/california-probate-inherited-home-report/
Download the data behind this report (CSV). The data may be reused under CC BY 4.0 with attribution to Cash Home Buyers CA and a link to this page.