California Estate & Inheritance Tax

What the California Estate Data Reveals

California imposes no state estate tax, so federal law under IRC § 2001 is the only estate-level levy that applies. With the federal exemption at $13,990,000 per decedent in 2025, the vast majority of California estates clear probate without owing estate tax at any level — though the scheduled 2026 sunset of the TCJA could cut that exemption roughly in half. There is no separate inheritance tax, so beneficiaries receive their share without a second state-level deduction at distribution.

IRS Statistics of Income data show 1,812 federal estate tax returns filed by California residents in the most recent available year (filing year 2023), reporting $66.10 billion in combined gross estate value. Net federal estate tax paid totaled $8.58 billion that year. Across the multi-year IRS SOI series above, California averages roughly 1,558 taxable filings per year, with an effective federal rate on reported gross estates of about 10.9%.

Probate itself typically runs 9–18 months in California (roughly 14 months on average), with court filing fees of $435–$435. Attorney compensation is set by statute at approximately 4% of the estate, which is a material fixed cost even for uncontested estates. California does offer a simplified small-estate track for estates under $184,500, which most families use to bypass full formal probate. Because California has not adopted the UPC, probate practice can vary materially by county and judicial district. California's community property framework also means marital assets generally pass with a 50/50 baseline split, which affects both tax basis step-up and the size of the taxable estate.