Each state in the U.S. has laws and codes governing the process of probate. California courts take at least 6 months to probate most estates. This time can increase if the estate is large or complex. There are at least two hearings during the probate process. The first one gives all interested parties such as surviving family members an opportunity to contest the will. Notification of this initial hearing also starts the clock on the 4 month window creditors have to make a claim against the estate. After this, the executor or the administrator appointed by the court has the estate appraised and settles all outstanding debts. A final hearing is held to determine if the remaining assets can finally be distributed to the heirs named in the will.

There are a number of fees associated with probate in California. These include a fee for filing the petition for a probate hearing, the fee to have the property appraised, and other miscellaneous court expenses. Attorney fees can be charged at a rate of up to 4% for the first $100,000 of the value of the estate. The fees drop to 3% for the next $100,000 and so on. The executor may also be paid a similar fee. For estates worth less than $100,000, probate can be avoided by using the small estate process provided for in the California Probate Code.