We often hear from families in China and elsewhere after a parent, sibling or child dies in California. The heirs are overseas, the assets are here, and nobody knows where to start. These are the questions they ask most.
Is probate always required?
No. Assets that pass outside the will usually do not go through probate: property held in a living trust, joint accounts with right of survivorship, accounts with a named beneficiary (life insurance, IRAs, 401(k)s, payable-on-death accounts), and real estate held in joint tenancy or with a transfer-on-death deed. Probate is needed only for what is left in the decedent’s own name, and only if that exceeds the small-estate limits.
What are the small-estate limits?
For deaths on or after April 1, 2025:
- Up to $208,850 of property subject to probate: heirs can collect personal property with a small estate affidavit after 40 days (Probate Code §13100), or ask the court for a simpler order for real property (§13151).
- Primary residence up to $750,000: under AB 2016, a decedent’s home of up to that value can pass by a simplified court petition rather than full probate (§13151).
- Real property of $69,625 or less: an affidavit filed with the court (§13200).
These figures are adjusted every three years; the next adjustment is April 1, 2028. Always check the figure for the date of death.
Can an heir living abroad serve as executor?
Yes. California allows a nonresident to serve as personal representative, but the person must file a permanent address with the court and accepts the court’s jurisdiction. Even if the will waives bond, the court may require a nonresident to post one (Probate Code §8571). Many overseas families instead nominate a trusted person in California, or the heirs consent to a local administrator, which can make the process faster.
Do the heirs need to come to the United States?
Usually not. Hearings are often handled by counsel, and many courts allow remote appearance. Heirs will need to sign some documents — consents, waivers, receipts — which can be done abroad with a notary and, where required, an apostille.
How do documents from China work now?
China joined the Hague Apostille Convention effective November 7, 2023. Notarized documents from mainland China, such as kinship certificates, can now be authenticated with a single apostille instead of the old consular legalization. Documents in Chinese need a certified English translation.
How long does probate take?
A simple case typically takes nine months to a year and a half. Letters (the court’s authorization) usually issue a few weeks to a couple of months after filing. Creditors then have until the later of four months after letters issue or 60 days after notice is mailed to them to file claims (§9100). Selling a house, contested claims, or missing heirs add time.
What does probate cost?
California sets the executor’s commission and the attorney’s fee by statute, each calculated on the gross value of the probate estate (§10810): 4% of the first $100,000, 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. For a $1 million estate, that is $23,000 each. Court filing fees, publication, the probate referee’s appraisal fee and any bond premium are on top. Extraordinary work, such as a sale or litigation, can be compensated separately with court approval.
Who inherits if there is no will?
California intestate succession applies. Community property goes to the surviving spouse. Separate property is split between the spouse and the children (or, if there are no children, parents or siblings) according to the Probate Code. Heirs living abroad inherit the same as heirs here; nationality does not matter. You will need to prove the family relationships, which is where Chinese notarial certificates come in.
Do the heirs owe U.S. tax?
The United States does not tax heirs on what they inherit; the estate tax, if any, is paid by the estate. For a U.S. citizen or resident who dies in 2026, the federal estate tax applies only above $15 million. If the decedent was not a U.S. citizen or resident, the rules are very different, and U.S.-situs assets above $60,000 can require a federal estate tax return. California has no estate or inheritance tax. Income the estate earns after death, and later sales by the heirs, can be taxable; foreign heirs selling U.S. real estate are subject to FIRPTA withholding.
Can the money be sent to China?
Yes. U.S. law does not prevent distributions to heirs abroad. Expect the bank to ask for identification and the court order, and plan for the receiving country’s foreign-exchange and tax rules. Heirs in China should check how their bank handles large inbound transfers before the money is sent.
What should the family do first?
- Get several certified copies of the death certificate.
- Find the will or trust, and list the assets and how each is titled.
- Secure the house, cars and mail; keep insurance in place.
- Do not distribute or sell anything until you know whether probate is needed.
What if one heir cannot be found or will not cooperate?
The court can still proceed. Notice is given by mail and, where required, by publication. An heir who does not respond is still entitled to a share; the personal representative may need to hold it or deposit it with the county. If an heir disputes the will or the distribution, the court resolves it, which adds time and cost. Early, clear communication with all heirs, in their language, prevents most problems.
Does the house have to be sold?
No. It can be distributed to the heirs as it is, or sold during probate if that is what the heirs want or if cash is needed for debts. Under California’s Independent Administration of Estates Act, the personal representative can often sell with notice to heirs instead of a court hearing. A sale during probate gives the estate a stepped-up basis equal to the value at death, so there may be little or no capital gains tax.
What about property tax when an heir keeps the house?
Since Proposition 19 (2021), a parent-to-child transfer of a home keeps the low assessed value only if the child moves in as his or her principal residence within one year, and only up to a value limit. Heirs living abroad who keep the house as a rental generally face reassessment to current market value. That can change whether keeping the house makes financial sense.
Can the court process be done in Chinese?
No. California court filings are in English, and documents in other languages need certified translations. Hearings are in English, although courts provide interpreters for parties in many cases. We prepare documents in English and explain each step to the family in Mandarin.
Sources: Cal. Probate Code §§890, 8570–8577, 9100, 10810, 13100, 13151, 13200; Judicial Council form DE-300 (amounts effective April 1, 2025); Rev. Proc. 2025-32; Hague Apostille Convention status for China. As of November 2026.
