How Long Does Probate Take in California?

At Desert Law Group, we know that dealing with probate can feel overwhelming.

One of the most common questions clients ask when faced with the probate process is: “How long does probate take?”

Generally, probate can take anywhere from 9 to 18 months, but the exact timeline depends on the specific circumstances of each case.

Our firm takes away the burden of figuring out the probate process alone by providing you with guidance every step of the way. Now, let’s break down how probate works in California.

Understanding Probate in California

Probate is the court-supervised process that ensures a deceased person’s assets are properly transferred to their beneficiaries.

This process involves validating a will, if there is one, identifying and gathering assets, paying off debts and taxes, and finally distributing the remaining assets to the rightful heirs.

In California, probate can take two main forms: formal and summary probate.

Formal Probate

This is the standard process for larger estates (over the amount of $184,500 in 2024). It involves multiple court hearings and detailed oversight by the court throughout the entire process.

Formal probate includes verifying the will (if there is one), appointing an executor or administrator, identifying and appraising assets, notifying creditors, and distributing assets to beneficiaries.

Due to the complexity and thoroughness of this process, formal probate can take anywhere from 9 months to over a year or longer depending on the size of the estate and whether any disputes arise.

Summary Probate

This option is available for smaller estates that qualify under California’s simplified probate procedures.

For example, if the estate is valued at less than $184,500 (as of 2024), the estate may qualify for summary probate, which significantly speeds up the process.

The executor can settle many matters through simplified forms and processes, with less court involvement. Summary probate typically takes less time—sometimes just a few weeks or months—but this option is limited to smaller estates.

Factors That Influence Probate Timeline

The length of time probate takes can vary greatly depending on several factors. Let’s break down the most common elements that could affect the timeline:

Estate-Related Factors

• Complexity of the Estate: The larger and more complex an estate, the longer it takes to settle. For example, estates with multiple properties, business interests, or significant debts will likely require more time to process.
• Complicated Assets: Real estate with existing mortgages, business interests, or rare, high-value or hard to value personal property can slow down the process. Such assets need accurate appraisals and sometimes require legal assistance to determine their value and resolve any associated debts.
• Tax Issues: If the estate owes taxes, the process of calculating, filing, and settling with the IRS and the Franchise Tax Board can delay the probate process. Large estates that are subject to estate taxes will need additional time for tax returns to be filed and approved.

Beneficiary-Related Factors

• Will Contests and Disputes: If beneficiaries challenge the validity of the will or disagree on the distribution of assets, the probate process can drag out much longer. These disputes often lead to court hearings, causing months and sometimes years of delay.
• Number and Location of Beneficiaries: If there are many beneficiaries, especially those in different states or countries, communicating with everyone and obtaining signatures can slow down the process. Sometimes, gathering signatures or confirming details takes weeks or months depending on the cooperation and timely responses of the beneficiaries.
• Issues with the Will: Sometimes, the will itself can cause delays. If the will is unclear, poorly drafted, or includes conflicting provisions, the executor or the court may have to spend extra time interpreting the deceased’s intentions. Additionally, if there are questions about the will’s authenticity or if multiple versions of a will exist, these issues must be resolved before the probate administration can proceed. This can involve additional court hearings and even litigation, which will prolong the process and increase the cost of the probate.

Legal and Administrative Factors

• Court Efficiency: The timeline can also depend on how busy the court is. Some counties in California face backlog issues, which means it may take longer to get a court date for probate hearings.
• Creditor Claims: When a person passes away, their creditors must be notified so they can make claims against the estate. The law provides a four-month window for creditors to submit their claims. However, disputes over the validity of these claims can delay probate. If the estate has numerous debts or if creditors file late or contested claims, this can further extend the time required to close the estate.
• Intestate Succession: If the deceased did not leave a will, the probate court has to determine the rightful heirs, which lengthens the process. California’s intestate succession laws will guide the court, but this can be a lengthy procedure.

Typical Probate Timeline in California

So, what does the probate process look like step by step? While the total time typically ranges between 9 to 18 months, here’s an overview of the key stages and how long they might take:

• Filing the Petition (2-3 weeks): Probate begins when someone files a petition with the court, often the executor named in the will. The court will set a date for the first hearing.
• Publishing the Notice of Hearing (3-4 weeks): A notice of the probate hearing must be published in a local newspaper and sent to all known heirs or beneficiaries. This step allows anyone with objections to come forward.
• First Court Hearing (6 to 8 weeks): At this hearing, the court will appoint the executor or administrator of the estate. If there are any objections or issues, this step can be delayed.
• Proving the Will (1-3 weeks): During this phase, the court confirms the validity of the will. If there’s any dispute or missing information, this step can take longer.
• Asset Inventory and Appraisal (2-4 months): The executor is responsible for collecting and valuing the estate’s assets, including property, investments, and personal belongings. This often involves filing an inventory with the court.
• Creditor Notification and Claims (1-3 months): The executor must notify creditors of the estate, giving them time to submit claims. In California, creditors have four months to file claims from the date of notice.
• Debt and Tax Settlement (6-12 weeks): The executor is responsible for paying off any outstanding debts or taxes owed by the estate. Tax complications or disputes with creditors can prolong this step.
• Final Distribution and Closing of the Estate (1-4 weeks): After all debts are settled, the remaining assets are distributed to beneficiaries. The court will then officially close the estate.

Minimizing Probate Time and Avoiding Probate Altogether

While probate can’t always be avoided, several steps can help minimize the time it takes:

• Well-Drafted Estate Plan: Having a clear, well-drafted will or trust can avoid confusion and delays.
• Organized Financial Records: Keeping detailed records of your assets and debts helps executors and courts move faster.
• Address Disputes Early: Settling any potential family or beneficiary disputes before probate can save months of legal wrangling.
• Hiring an Estate Professional: An experienced probate attorney can help avoid errors and streamline the process.

Alternatives to Probate

One of the most common alternatives to probate is setting up a living trust. A living trust allows you to transfer ownership of your assets to the trust while you’re still alive.

After your passing, the trustee, a person you appoint, can immediately distribute your assets according to your wishes without going through probate.

This is because the assets are technically owned by the trust, not by you personally at the time of your death. The major benefit of a living trust is that it avoids the delays and costs associated with the probate process.

Additionally, because it doesn’t involve the court, it keeps your financial matters private—something probate cannot guarantee since probate records are public.

Other probate-avoidance strategies include:

• Joint Ownership: If you own property jointly with someone else, like your spouse, the property automatically transfers to the other owner upon your death, avoiding probate.
• Beneficiary Designations: Many financial assets, like retirement accounts and life insurance policies, allow you to name a beneficiary. These assets pass directly to the named person, bypassing probate.
• Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: These types of accounts allow you to name beneficiaries who will receive the funds after you pass away, without needing to go through probate.

For larger estates, the Independent Administration of Estates Act (IAEA) can speed up the process. This allows an executor to administer many aspects of the estate without needing constant court approval, which can accelerate the probate process.

For instance, under the IAEA, an executor can sell real estate or personal property, pay debts, or manage financial accounts with minimal court oversight. This can be useful for estates with real estate, as property sales often require lengthy court approval under traditional probate.

By reducing the court’s involvement, the IAEA helps to simplify and accelerate estate administration.

Need Help with Probate in California? Contact Desert Law Group

The probate process can feel like a maze of legal requirements, but you don’t have to go through it alone.

At Desert Law Group, we work closely with families to provide the guidance and support needed during probate. From ensuring that paperwork is filed accurately to helping resolve disputes, our team is here to make the process as smooth as possible.

Reach out to us today at 760-239-5661 to schedule a consultation and learn how we can assist with your probate and estate planning needs.