How Long Does Probate Take in California? | Timeline & Process Guide

One of the first questions families ask when a loved one passes away is: "How long will probate take?" As a Glendale probate attorney who has guided hundreds of families through the California probate process, I understand why this matters. Your family needs access to funds, wants to sell real estate, and deserves closure during an already difficult time.

The honest answer? California probate typically takes 9 to 18 months for straightforward cases, but can stretch to 2 years or longer for complex estates. The timeline depends on numerous factors—some within your control, others dictated by court schedules and mandatory waiting periods.

In this comprehensive guide, I'll walk you through the entire California probate timeline, explain what affects the duration, identify unavoidable delays, and share strategies to expedite the process whenever possible.

The Quick Answer: Typical California Probate Timeline

Minimum Timeline: 9-12 months for the simplest estates Average Timeline: 12-18 months for most estates Complex Cases: 18-36+ months

Why the minimum is so long: California law mandates certain waiting periods that cannot be shortened, even in the simplest cases. The creditor claim period alone requires 4 months from the date Letters are issued.

Understanding California's Mandatory Waiting Periods

Before diving into the detailed timeline, you need to understand that California Probate Code imposes mandatory waiting periods that cannot be waived or shortened, regardless of how efficient your attorney is or how cooperative your family members are.

The 4-Month Creditor Claim Period

California Probate Code Section 9100

Once the executor is appointed and publishes notice to creditors, the court requires a minimum 4-month waiting period before the estate can be closed. This allows creditors to file claims against the estate.

The clock starts: When Letters Testamentary are issued Creditors have: The later of either 4 months after Letters are issued OR 60 days after receiving actual notice Cannot be shortened: Even if you know there are no creditors

Real-world impact: This single requirement means no California probate can close in less than 4-5 months, even if everything else moves quickly.

The 120-Day Will Contest Period

California Probate Code Section 8200

After the will is admitted to probate, interested parties have 120 days to contest its validity.

The clock starts: When the will is admitted to probate Contest period: 120 days Cannot be waived: Even if all beneficiaries agree

Practical note: Most will contests are filed early in this period if they're going to be filed at all. If you reach day 100 without a contest, you can usually breathe easier.

Notice and Hearing Requirements

California requires specific notice periods before various probate hearings:

Initial Petition for Probate: 15 days' notice to all heirs and beneficiaries Petition to Approve Sale of Real Property: 15 days' notice Final Petition for Distribution: 15 days' notice

These notice requirements add weeks to the timeline at multiple stages.

Month-by-Month California Probate Timeline

Let me walk you through a typical probate case from start to finish, based on an estate with a will, a house to sell, and no disputes.

Month 1: Initial Filing and Preparation

Week 1-2: Gather Documents and Information

• Obtain certified death certificate (10 copies recommended)
• Locate the original will
• Identify all assets and their values
• Compile list of heirs and beneficiaries
• Gather decedent's financial records

Week 3-4: Prepare and File Petition

• Attorney prepares Petition for Probate (Form DE-111)
• Prepare proposed order (Form DE-131)
• File petition with probate court
• Pay filing fees ($435-$500 in Los Angeles County)
• Schedule initial hearing date (usually 6-8 weeks out)

Time elapsed: 1 month

Month 2-3: Notice and First Hearing

Immediately After Filing:

• Mail notice of petition to all heirs and beneficiaries (15-day requirement)
• Publish notice in local newspaper (three consecutive weeks)
• File proof of service and publication with court

6-8 Weeks After Filing: First Hearing

• Attend hearing on Petition for Probate
• Court admits will to probate (if valid)
• Court appoints executor
• Executor takes oath
• Court issues Letters Testamentary

Critical milestone: Once you have Letters Testamentary, you can start accessing assets, paying bills, and managing the estate.

Time elapsed: 2-3 months

Month 3-7: Estate Administration

Within 60 Days of Appointment:

• Mail Notice of Administration to all known creditors (Probate Code §9050)
• File copy of published notice with court
• Open estate bank account
• Notify financial institutions
• Transfer stocks, bonds, and securities to estate

Within 4 Months of Appointment:

• Complete Inventory and Appraisal (Form DE-160)
• Hire probate referee for formal appraisals
• File Inventory and Appraisal with court

Ongoing During This Period:

• Pay ongoing expenses (mortgage, insurance, utilities)
• Maintain property
• Respond to creditor claims
• File decedent's final income tax returns
• Manage estate investments

If Selling Real Estate:

• Hire real estate agent
• List property for sale
• Accept offer
• Prepare Petition for Sale of Real Property
• Obtain court confirmation (adds 4-6 weeks)

Time elapsed: 7 months

Month 7-9: Creditor Claim Deadline Passes

After 4-Month Creditor Period:

• Allow an additional 30 days for late claims
• Respond to any creditor claims filed
• File objections to improper claims if necessary
• Pay valid creditor claims from estate funds

120-Day Will Contest Deadline:

• Monitor for will contests (unlikely after 90 days)
• Resolve any contests filed (adds 6-18 months if contested)

Ongoing:

• Continue managing estate assets
• Complete real estate sale (if applicable)
• Liquidate assets as needed

Time elapsed: 9 months

Month 9-12: Prepare for Final Distribution

Estate Accounting:

• Prepare final accounting of all receipts and disbursements
• Account for every dollar in and out of estate
• Calculate statutory executor and attorney fees
• Obtain receipts from beneficiaries for any advances

Tax Returns:

• File estate tax return (Form 706) if required (estates over $13.61M in 2024)
• File estate income tax return (Form 1041)
• File decedent's final personal income tax returns (federal and state)
• Obtain tax clearances

Prepare Final Petition:

• Draft Petition for Final Distribution (Form DE-140)
• Attach final accounting
• Calculate and request statutory fees
• Propose distribution plan

Time elapsed: 12 months

Month 12-15: Final Hearing and Distribution

File Final Petition:

• File Petition for Final Distribution with court
• Schedule final hearing (6-8 weeks out)
• Mail 15-day notice to all beneficiaries
• Publish notice if required

Final Hearing:

• Attend hearing on Final Petition
• Court reviews and approves accounting
• Court approves statutory fees
• Court orders final distribution
• Court discharges executor

After Final Order:

• Distribute assets to beneficiaries
• Obtain signed receipts
• Close estate bank account
• File final papers with court

Time elapsed: 15-18 months

Case Closed

What Affects How Long Probate Takes?

While the mandatory waiting periods set a minimum timeline, numerous factors can extend probate significantly.

Factors That Speed Up Probate

1. Well-Organized Estate Documents When the deceased kept excellent records, we can locate assets, identify creditors, and prepare necessary documents much faster.

2. Independent Administration Authority California Probate Code §10400 allows executors to act without court approval for most actions. This eliminates months of waiting for court hearings.

3. Liquid Assets Estates with bank accounts and brokerage accounts are much easier to administer than estates requiring real estate sales or business valuations.

4. No Real Estate Sales Selling property through probate requires court confirmation and adds 2-4 months to the timeline.

5. Cooperative Beneficiaries When family members agree on the distribution plan and trust the executor, the process moves smoothly.

6. Experienced Probate Attorney An attorney who knows the local court's procedures and requirements prevents delays caused by incorrect paperwork or missed deadlines.

7. Efficient Local Court Los Angeles County's probate courts (particularly Stanley Mosk Courthouse) have backlogs that affect hearing dates. Smaller counties often schedule hearings more quickly.

Factors That Slow Down Probate

1. Will Contests Challenging the validity of the will can add 6-24 months to probate. Litigation over undue influence, lack of capacity, or fraud requires extensive discovery, motions, and potentially a trial.

2. Family Disputes Even without formal will contests, disagreements between beneficiaries create delays. Disputes over:

• Executor's actions
• Asset valuations
• Distribution plans
• Executor compensation
• Attorney fees

3. Difficult-to-Value Assets Business interests, intellectual property, art collections, and unique real estate require professional appraisals that take time to complete.

4. Real Estate Sales Selling property through probate adds significant time:

• Listing and marketing: 1-3 months
• Court approval process: 4-6 weeks
• Escrow closing: 30-45 days
• Total added time: 3-5 months

5. Creditor Issues Disputed creditor claims require court hearings and can delay final distribution by 3-6 months.

6. Tax Complications Estates requiring federal estate tax returns (Form 706) face IRS review that can take 6-12 months. State tax issues add additional delays.

7. Missing Heirs or Beneficiaries When we can't locate beneficiaries named in the will, we must conduct extensive searches and potentially post bonds for missing heirs.

8. Out-of-State Property Real estate located outside California requires "ancillary probate" in that state, essentially running two probate cases simultaneously.

9. Insufficient Estate Funds When the estate lacks liquid assets to pay debts and expenses, we must sell assets, which takes additional time.

10. Court Backlogs During the pandemic, Los Angeles County probate courts faced massive backlogs. While improving, hearing dates are still scheduled 6-10 weeks out.

Los Angeles County Specific Timeline Considerations

If you're dealing with probate in Los Angeles County (which includes Glendale, Burbank, Pasadena, and surrounding areas), there are specific considerations that affect timing.

Stanley Mosk Courthouse (Downtown Los Angeles)

Los Angeles County Superior Court handles probate matters at Stanley Mosk Courthouse, located at:

111 North Hill Street, Room 113 Los Angeles, CA 90012

Typical hearing scheduling:

• Initial petition hearings: 6-8 weeks from filing
• Final distribution hearings: 6-8 weeks from petition
• Ex parte matters: 2-4 weeks

Current challenges:

• High volume of cases
• Limited number of probate judges
• Reduced staffing affecting processing times

Practical tip: File your petition early in the week (Monday or Tuesday). Petitions filed on Friday often don't get processed until the following week.

Local Rules Affecting Timeline

Los Angeles County has local rules that can affect timing:

Rule 4.116: Required Information LA County requires more detailed information in probate petitions than some counties, which can delay filing if information is incomplete.

Rule 4.117: Appraisals LA County is strict about appraisal requirements and may reject inventory appraisals that don't comply fully.

How to Speed Up California Probate

While you cannot eliminate mandatory waiting periods, you can minimize delays with these strategies:

Strategy #1: Request Independent Administration

California Probate Code §§10400-10592

Request "Independent Administration of Estates Act" (IAEA) authority in your initial petition. This allows the executor to:

• Sell real property without court confirmation (with exceptions)
• Distribute assets without court approval
• Settle claims without court hearing

Time saved: 2-4 months by eliminating multiple court hearings

Requirement: Will must not prohibit it, and beneficiaries must consent or not object.

Strategy #2: Prepare Documents in Advance

Don't wait for the first hearing to start gathering information. Begin immediately:

• Order 10 certified death certificates
• Locate all financial account statements
• Identify all real property
• Create list of potential creditors
• Compile contact information for all heirs

Time saved: 2-4 weeks on the front end

Strategy #3: Hire an Experienced Local Probate Attorney

An attorney who regularly practices in Los Angeles County probate courts knows:

• Exactly what information each judge requires
• How to prepare bulletproof petitions that are approved on first submission
• Which court clerks to work with for expedited processing
• How to avoid common pitfalls that create delays

Time saved: 1-3 months by avoiding rejected filings and continuances

Strategy #4: Communicate Proactively with Beneficiaries

Keep beneficiaries informed throughout the process. Most disputes arise from lack of communication. Send regular updates:

• Monthly status reports
• Explanation of delays
• Timeline expectations
• Copies of court orders

Time saved: Eliminates objections that delay hearings

Strategy #5: Get Professional Appraisals Quickly

Don't wait for the court-appointed probate referee. Hire appraisers immediately for:

• Real property
• Business interests
• Collectibles and personal property
• Unusual assets

Have appraisals ready when the referee needs them.

Time saved: 2-4 weeks in completing Inventory and Appraisal

Strategy #6: Start Tax Returns Early

Don't wait until the end of probate to think about taxes. File required returns as soon as information is available:

• Decedent's final personal income tax returns (due April 15)
• Estate income tax returns (Form 1041)
• Estate tax return if required (Form 706, due 9 months after death)

Time saved: 2-3 months at the end of probate

Strategy #7: Maintain Estate Property

Keep estate property in excellent condition:

• Pay mortgages on time
• Maintain insurance coverage
• Complete necessary repairs
• Keep utilities active

Property that falls into disrepair creates additional work and delays, especially if real estate sales are needed.

Time saved: Avoids complications that add weeks or months

When Probate Takes Longer Than Expected

If your probate case is exceeding typical timelines, here are common reasons and solutions:

Issue: Court Keeps Continuing Hearings

Causes:

• Incomplete petition
• Missing required documents
• Insufficient notice to beneficiaries
• Judge needs additional information

Solution: Work with your attorney to ensure every petition is complete and includes all required attachments. Review local rules before filing.

Issue: Probate Referee Delays

Causes:

• Overwhelming caseload
• Difficulty accessing property
• Waiting for professional appraisals

Solution: Communicate proactively with the referee. Provide appraisals and access immediately when requested.

Issue: Beneficiaries Won't Cooperate

Causes:

• Disputes over distribution
• Distrust of executor
• Lack of communication

Solution: Consider mediation. Often a neutral third party can resolve disputes in weeks rather than months of litigation.

Issue: Creditor Won't Accept Payment Offer

Causes:

• Creditor disputes amount owed
• Creditor claims secured interest
• Estate claims invalid debt

Solution: File objection to creditor claim and request court hearing. Get resolution through court order.

Probate vs. Trust Administration Timeline Comparison

To understand why many California families use living trusts to avoid probate, compare these timelines:

Probate Administration:

• Minimum: 9-12 months
• Typical: 12-18 months
• Complex: 18-36+ months
• Court supervision: Required
• Cost: Statutory fees ($23,000+ for $1M estate)

Trust Administration:

• Minimum: 4-6 weeks
• Typical: 2-4 months
• Complex: 6-8 months
• Court supervision: None (unless trust litigation)
• Cost: $3,000-$8,000 typically

The difference is dramatic. Properly funded living trusts allow your family to receive their inheritance in weeks instead of over a year.

Real-World Case Studies

Let me share three actual cases (names changed) to illustrate how timeline factors play out:

Case Study #1: The Quick Probate (11 Months)

Profile:

• Deceased had will naming adult son as executor
• Estate assets: House ($600,000) and bank accounts ($80,000)
• No debts except small credit card balance
• Son agreed to live in house (no sale needed)
• All three children cooperative
• IAEA authority granted

Timeline:

• Month 1: Filed petition
• Month 2: First hearing, Letters issued
• Month 3-6: Administration, filed inventory
• Month 7: Creditor period ended
• Month 8-9: Prepared final petition
• Month 10: Filed final petition
• Month 11: Final hearing, distribution complete

Total: 11 months

Key factors: No real estate sale, cooperative family, independent administration, experienced attorney.

Case Study #2: The Average Probate (17 Months)

Profile:

• Deceased had will naming daughter as executor
• Estate assets: House ($850,000), bank accounts ($120,000), brokerage account ($200,000)
• House needed to be sold
• Several creditor claims to resolve
• One beneficiary lived out of state
• Standard administration (no IAEA)

Timeline:

• Month 1: Filed petition
• Month 2: First hearing, Letters issued
• Month 3-4: Listed house for sale
• Month 5: Accepted offer on house
• Month 6: Filed petition for sale approval
• Month 7: Court confirmed sale, escrow closed
• Month 7-8: Resolved creditor claims
• Month 9: Creditor period ended
• Month 10-12: Prepared final accounting
• Month 13: Filed final petition
• Month 14-15: Resolved beneficiary questions
• Month 16: Final hearing
• Month 17: Distribution complete

Total: 17 months

Key factors: Real estate sale required court confirmation (added 3 months), standard administration required multiple court hearings, out-of-state beneficiary caused communication delays.

Case Study #3: The Prolonged Probate (31 Months)

Profile:

• Deceased had will naming nephew as executor
• Estate assets: House ($1.2M), rental property ($800,000), bank accounts ($150,000), business interest
• Two children from first marriage contested will
• Rental property had tenant issues
• Business valuation disputed
• Executor and beneficiaries in conflict

Timeline:

• Month 1: Filed petition
• Month 2-3: Will contest filed, litigation begins
• Month 3-18: Discovery, depositions, mediation attempts
• Month 19: Will contest settled, will admitted to probate
• Month 19: Letters finally issued (16 months after death!)
• Month 20-23: Estate administration
• Month 24: Filed inventory
• Month 24-27: Resolved rental property issues, sold business interest
• Month 28: Creditor period ended
• Month 29: Filed final petition
• Month 30: Final hearing
• Month 31: Distribution complete

Total: 31 months (over 2.5 years)

Key factors: Will contest added 16 months before Letters were even issued, multiple properties complicated administration, business valuation required expert appraisals, family conflict required extensive mediation.

Frequently Asked Questions About Probate Timeline

Can we speed up probate by paying extra fees?

No. California's mandatory waiting periods cannot be shortened regardless of how much money you're willing to pay. However, hiring an experienced attorney and being highly organized can eliminate unnecessary delays.

What if we need money from the estate before probate is finished?

The executor can request court approval to make preliminary distributions to beneficiaries if the estate has sufficient funds to cover all debts and expenses. This requires a petition and court hearing, adding 6-8 weeks to get approval.

Does having a will make probate faster?

Having a will doesn't speed up probate, but it does make the process smoother because your wishes are clear. Estates without wills (intestate) face the same timeline but with additional complications determining who inherits.

Can the executor be removed if probate is taking too long?

Yes, but only if the executor is failing in their duties. Normal delays caused by court backlogs or mandatory waiting periods are not grounds for removal. However, if an executor is actively delaying the process, neglecting duties, or mismanaging assets, beneficiaries can petition for removal.

What happens if the executor dies during probate?

If the executor dies during probate, the court must appoint a successor. This adds 2-3 months to the timeline for the appointment process. This is why naming successor executors in your will is important.

The Bottom Line: Plan Ahead to Avoid the Wait

The most effective way to speed up probate is to avoid it entirely through proper estate planning. A properly funded revocable living trust allows your family to receive their inheritance in weeks instead of waiting 12-18 months for probate to conclude.

Even if you're currently in probate, understanding the timeline helps you set realistic expectations and identify areas where you can minimize delays.

Related Articles

Learn more about California probate:

• How Much Does Probate Cost in California? - Complete breakdown of statutory fees, court costs, and total expenses for probate in California.

• California Executor Duties & Responsibilities - Complete checklist of executor duties from filing through final distribution.

• How to File Probate in Los Angeles County - Step-by-step guide to filing probate at Stanley Mosk Courthouse.

• How to Avoid Probate in California - 7 proven strategies to avoid the 12-18 month probate process and save your family thousands.

• How to Sell a House in Probate California - Complete guide to selling real estate during probate, including court confirmation and IAEA authority.

Need Help with California Probate?

If you're facing California probate and want experienced guidance through the process, or if you'd like to explore options to avoid probate for your own estate, I'm here to help.

Call (818) 291-6217 to schedule a consultation at my Glendale office, or complete our probate questionnaire to get started.

As a California probate attorney who has guided hundreds of families through this process, I provide realistic timelines, proactive communication, and efficient administration to complete your probate case as quickly as California law allows.

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About the Author

Rozsa Gyene (State Bar No. 208356) is a California estate planning and probate attorney serving Glendale, Burbank, Pasadena, and throughout Los Angeles County. With extensive experience in Los Angeles County probate courts, Rozsa provides families with realistic guidance on probate timelines and efficient estate administration.

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Disclaimer: This article provides general information about California probate timelines and should not be construed as legal advice. Every situation is unique. California laws change regularly, and this article reflects laws in effect as of January 2025. Consult with a qualified California probate attorney about your specific circumstances.