How Long Do You Have To File Probate After Death In California?

Losing a loved one is a difficult experience and dealing with the legal responsibilities that follow only adds to the emotional weight.

Probate is often necessary to settle an estate, so understanding the timeline is key. In California, while there’s no strict deadline for filing probate, acting promptly is important to ensure the estate is handled correctly so there is emotional closure for the family.

At Desert Law Group, we understand the challenges families face during this time, and we are here to walk you through the timeframe for this process and ensure everything goes smoothly.

How Does Probate Work in California?

In California, probate is a court-supervised process for transferring a deceased person’s estate to their beneficiaries or heirs.

When someone dies with assets exceeding $184,500 (in 2024) and without certain legal arrangements (like a living trust), probate is often necessary.

The probate court’s role is to ensure that the deceased’s debts are paid, and what’s left is distributed correctly.

The process involves collecting the estate’s assets, paying any debts or taxes, and finally distributing the remainder to the rightful heirs or beneficiaries.

Although there’s no set deadline to start probate, it’s best to begin as early as possible to protect the estate and ensure the process is handled properly.

Delays can sometimes complicate things down the road, so timely action is always best.

Key Timeframes in California Probate

These deadlines primarily affect the executor or personal representative of the estate, who is responsible for managing the probate process.

Time Limits for Filing

  • 30-day deadline: The personal representative (responsible for managing the estate) must notify all beneficiaries and heirs within 30 days of the decedent’s death, so everyone understands the probate process and their involvement.
  • 120-day deadline: A petition for probate must typically be filed within 120 days of the decedent’s passing. This step formally begins the probate process, allowing the court to appoint an executor or administrator to handle the estate. Filing within this timeframe is crucial to avoid delays and potential legal complications.

One-Year Completion Goal

Once appointed, the general expectation is that the probate process should be completed within a year. That said, more complicated estates — especially those involving federal estate taxes, business entities, real estate, or ongoing legal matters — might take longer.

In these cases, extensions of up to 18 months or longer are possible. However, it’s always good practice to aim for a timely resolution to avoid unnecessary complications and costs.

Consequences of Delaying or Avoiding Probate

Delaying the probate process can result in significant consequences. Not only does it slow down the distribution of assets, but it can also expose both the executor and the estate to potential legal risks.

Executor’s Liability

The executor, or personal representative, is legally responsible for managing the estate and ensuring that probate is handled according to California law.

Failing to meet probate deadlines, neglecting duties, or delaying the process can expose the executor to serious consequences. Executors who delay probate may face:

  • Civil penalties: Beneficiaries or creditors may take legal action against the executor if they believe the delay has harmed the estate’s value or their inheritance. This can lead to lawsuits and financial penalties.
  • Personal financial liability: If the executor’s actions result in losses to the estate, they may be responsible for covering those losses. For example, if a property depreciates because of a delayed sale, they might have to pay the difference.

Estate Complications

Delaying probate doesn’t just affect the executor — it can cause ripple effects throughout the entire estate. Some of the most common complications include:

  • Frozen assets: Until probate is initiated, many assets remain inaccessible. For instance, the decedent’s bank accounts might be frozen, making it impossible to pay bills or access funds needed to take care of the estate’s immediate needs.
  • Prolonged creditor claims: Delays in probate can give creditors more time to make claims against the estate. This can lead to prolonged disputes or additional claims that might have been avoided with a timely probate filing.
  • Increased legal fees: The longer probate is delayed, the more costly it becomes. Attorneys’ fees and court costs can accumulate quickly.
  • Beneficiary disputes: Delays can create tension among beneficiaries, especially if they’re waiting on inheritances or if it’s unclear about who will receive what. This can lead to disputes, resulting in costly and time-consuming litigation.

The Probate Process in California: A Step-by-Step Guide

Let’s take a quick look at the key steps involved in California probate. It’s a structured process, and following these steps ensures that everything is handled correctly.

What Documents Are Needed for Probate?

To begin probate, certain documents must be gathered:

  • The decedent’s will (if there is one)
  • A certified original of Death Certificate
  • A complete list of assets and debts
  • Other financial and legal documents related to the estate

These documents provide the court with a clear picture of the estate and help in determining how it should be managed.

Filing a Petition

Probate starts when the executor files a petition with the court. If there’s no will, a close relative can step in. Necessary forms include:

Once filed, the court will schedule a hearing to review the petition.

Court Appointment of an Administrator/Executor

During the hearing, the court appoints an executor (if there’s a will) or an administrator (if there isn’t). This person is responsible for managing the estate, paying debts, and distributing assets.

Will Verification (if applicable)

If there is a will, the court verifies its authenticity. This step also allows for any potential contests or challenges to the will by heirs or beneficiaries.

Identifying Heirs/Beneficiaries

Once the will is verified (or if there’s no will), the court identifies who the legal heirs or beneficiaries are. This might involve tracking down distant relatives or using legal notices.

Estate Valuation

The estate’s assets must be appraised to determine their value. This is important not only for distribution purposes but also for calculating potential estate taxes.

Debt Payment

Before any assets can be distributed, all of the decedent’s valid debts must be paid. The executor is responsible for notifying creditors and ensuring that the debts are settled properly.

Asset Distribution

Once debts are paid, the remaining assets are distributed according to the will or California’s intestacy laws if no will exists. The executor also files a final accounting with the court to close out the estate.

Situations Where Probate May Not Be Necessary

In some cases, probate isn’t needed at all. Let’s look at a few common situations where this might apply:

Small Estates

California allows for a simplified probate process for small estates valued under $184,500 (in 2024). If the total value of the deceased’s estate falls below this threshold, probate may not be necessary.

In these cases, heirs can use a streamlined process known as a small estate affidavit to claim the assets. This avoids the formal probate process entirely and saves time, court fees, and effort.

This affidavit process can be especially useful when the estate consists of smaller assets, such as bank accounts, personal property, or smaller real estate holdings.

However, keep in mind that the estate’s value includes all property, even those assets not subject to probate, such as joint tenancy or property with beneficiary designations.

The affidavit must be signed under penalty of perjury, and it’s important to remember that there’s a 40-day waiting period after the decedent’s death before the affidavit can be used.

This can be a cost-effective solution for families handling modest estates.

Assets with Beneficiary Designations

Certain assets allow for a named beneficiary, which means they can bypass probate altogether. Examples include life insurance policies, retirement accounts (such as IRAs and 401(k)s), and payable-on-death (POD) bank accounts.

These types of assets automatically transfer to the named beneficiaries after the account holder’s death, without needing to go through probate.

It’s important for individuals to regularly update the beneficiary designations on these accounts to ensure they reflect their current wishes.

Outdated or missing beneficiaries can complicate matters, sometimes resulting in probate for these accounts. By maintaining updated records, families can avoid probate for significant portions of an estate, which eases the burden on the heirs.

Joint Tenancy

Property held in joint tenancy with the right of survivorship also avoids probate. When one joint tenant dies, ownership of the property automatically transfers to the surviving joint tenant(s).

This is common with real estate, but it can also apply to other assets like bank accounts or vehicles.

For example, a married couple might own their home as joint tenants. When one spouse passes away, the surviving spouse becomes the sole owner of the home without having to go through probate.

This automatic transfer of ownership makes joint tenancy a powerful estate planning tool for avoiding probate.

However, joint tenancy does come with its limitations. It doesn’t provide control over the distribution of the property after the surviving tenant’s death, which can be problematic if you want to ensure the asset passes to a specific heir.

It’s also worth noting that joint tenancy doesn’t shield the property from the surviving tenant’s creditors.

Need Help with Probate in California? Contact Desert Law Group Today

Probate can feel overwhelming, but you don’t have to face it alone. At Desert Law Group, we understand California’s probate process inside and out.

Our team is here to offer compassionate and efficient legal representation, helping you manage probate or explore alternatives.

Don’t hesitate to reach out—give us a call today at 760-239-5661 for a confidential consultation with one of our skilled attorneys. Let’s make sure your loved one’s estate is handled with care, so you can focus on what matters most.

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