How Long Does California Probate Take? Complete Timeline Guide

The Short Answer {#the-short-answer}

Simple estate: 9-12 months Average estate: 12-18 months Complex estate: 18-36+ months

Why the Range? {#why-the-range}

Duration depends on:

• Estate complexity
• Court calendar (varies by county)
• Creditor claims
• Tax issues
• Family cooperation (or conflict)
• Attorney efficiency

Let's break down each phase so you understand what drives the timeline.

Detailed Timeline: Standard Probate {#detailed-timeline}

Month 1: Petition Phase

Week 1-2:

• Gather documents (will, death certificate, asset info)
• Prepare Petition for Probate (DE-111)
• Identify heirs and beneficiaries

Week 2-3:

• File petition with court
• Pay filing fee
• Get hearing date (typically 30-45 days out)

Week 3-4:

• Serve/mail notice to heirs
• Publish notice in newspaper
• Begin waiting for hearing

Month 2: Letters Issued

Hearing day:

• Appear in court (may be waived in some counties)
• Court issues Letters Testamentary/Administration
• Personal representative officially appointed

Immediately after Letters:

• Open estate bank account
• Begin asset collection
• DHCS notice (start 90-day clock)

Months 2-5: Administration Phase

Within 90 days of Letters:

• Mail DHCS notice (CRITICAL)
• Document proof of mailing

Within 4 months of Letters:

• Prepare Inventory and Appraisal
• Probate referee appraises real property
• File Inventory with court

Ongoing:

• Manage estate assets
• Pay valid debts
• Collect income (rent, dividends, etc.)
• Maintain property

Months 2-6: Creditor Period

4-month creditor claim period:

• Runs from first publication of notice
• Creditors may file claims
• Review and respond to claims
• Reject invalid claims (30-day deadline for creditor to sue)

Common creditors:

• Credit card companies
• Medical providers
• DHCS (Medi-Cal recovery)
• Mortgage lenders
• Utility companies

Months 6-9: Closing Phase

After creditor period closes:

• Pay approved claims
• Prepare Final Account
• Calculate distributions
• Prepare Petition for Final Distribution

Filing:

• File Final Account and Petition
• Get hearing date
• Serve notice on interested parties

Months 9-12: Distribution

Final hearing:

• Court reviews account
• Approves distributions
• Approves attorney fees
• Issues order

Distribution:

• Distribute assets per court order
• Get receipts from beneficiaries
• File receipts with court
• Request discharge

Closure:

• Court discharges personal representative
• Estate officially closed

Timeline Variations {#timeline-variations}

Fast Track (9 months)

Factors:

• Simple assets (one house, bank accounts)
• No creditor disputes
• Cooperative heirs
• No tax complications
• Efficient court calendar
• Experienced attorney with systems

Extended (18+ months)

Factors:

• Real property sales required
• Business interests to administer
• Tax returns required (estate or income)
• Creditor disputes
• Family conflicts
• Court backlogs

Very Extended (24-36+ months)

Factors:

• Will contests
• Litigation
• Complex tax issues
• Multiple properties in different jurisdictions
• Missing heirs requiring searches
• Guardian ad litem needed for minors

Key Deadlines Summary {#key-deadlines-summary}

| Deadline | Trigger | Consequence if Missed | |----------|---------|----------------------| | 90 days | Letters issued | DHCS notice - personal liability | | 4 months | Letters issued | Inventory - court issues | | 4 months | First publication | Creditor claims - may still be filed | | 30 days | Claim rejected | Creditor must sue or claim dies | | 120 days | Estate tax | Federal return due (if required) |

What Clients Can Do to Speed Things Up {#what-clients-can-do}

Before Death (Estate Planning)

• Create trust (avoids probate entirely)
• Beneficiary designations (bank, retirement, insurance)
• Joint tenancy (automatic transfer)
• Keep documents organized

During Probate

• Provide documents promptly
• Respond to attorney requests quickly
• Sign documents when needed
• Don't create family conflicts
• Pay any advances needed for costs

What Slows Things Down

• Missing documents
• Family disputes
• Unresponsive heirs
• Contested creditor claims
• Court backlogs
• Tax complications

County-by-County Variation

Some counties are faster:

• Smaller counties: faster calendars
• Well-staffed probate departments

Some counties are slower:

• Los Angeles: volume delays
• High-population counties: longer waits for hearings

Average delay for hearing: 30-60 days after filing

Managing Client Expectations {#managing-expectations}

At Intake

"A typical probate takes 12-18 months. I'll give you a more specific estimate once I review the assets and circumstances."

During Process

Regular updates at each milestone. Clients tolerate delays better when they're informed about what's happening and why.

Common Question

"Can we speed this up?"

Honest Answer

"The statutory waiting periods are fixed by law. We can control how efficiently we handle our tasks, but the creditor period and court calendars set the minimum timeline."

The creditor period alone is 4 months. Add time for petition, hearing, and closing — 9 months is essentially the minimum for any formal probate.

What You Control

• Filing promptly after gathering documents
• Meeting all deadlines
• Responding to court notes quickly
• Keeping clients informed

What You Don't Control

• Court calendars
• Creditor waiting periods
• Statutory notice periods
• Family conflicts

Good probate software with deadline tracking ensures you're never the bottleneck. The timeline is what it is — your job is to move efficiently through each phase.