Compare Probate Requirements

    Compare estate rules across US states and Canadian provinces — including cross-border comparisons.

    California (CA) 🇺🇸

    Court System
    Superior Court — Probate Division
    Community Property
    Yes
    UPC Adopted
    No
    State Estate Tax
    None
    Inheritance Tax
    None
    Probate Fee Structure
    PERCENTAGE (STATUTORY)
    Est. Cost ($500K Estate)
    $435–$470 (varies by county)
    Small Estate Threshold
    $239,700 (effective April 1, 2026)
    Creditor Claim Period
    4 months
    Typical Timeline
    9–18 months
    Digital Filing
    Varies by county (e.g., Los Angeles uses LASC e-filing)
    Bond Requirement
    Usually required. Amount set by court based on estate value. Can be waived by will or consent of all beneficiaries.
    Unique Feature
    Community property state — surviving spouse's half is not subject to probate

    Ontario 🇨🇦

    Court System
    Surrogate / Probate Court
    Community Property
    N/A (Canada)
    UPC Adopted
    N/A (Canada)
    State Estate Tax
    N/A
    Inheritance Tax
    N/A
    Probate Fee Structure
    Varies
    Est. Cost ($500K Estate)
    Threshold: CAD $50,000
    Small Estate Threshold
    CAD $50,000
    Creditor Claim Period
    Varies by province
    Typical Timeline
    3–9 months
    Digital Filing
    Varies
    Bond Requirement
    No, if named in will
    Unique Feature
    Estate Administration Tax: 0.5% on first $50K, 1.5% on remainder.

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    Estate laws vary significantly by jurisdiction and change over time. This comparison is for educational purposes — consult a local attorney for specific legal advice.

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