How Long Does Probate Take in California?
Probate in California can feel like a marathon rather than a sprint, and families often ask, “How long will this take?” The truth is, it depends on the complexity of the estate and whether any disputes arise. On average, probate takes anywhere from 9 months to 18 months, but it can be shorter or much longer in certain situations.
The timeline begins when the executor or administrator files the petition to open probate. After the initial hearing, the court issues legal authority to handle the estate. From there, the executor must notify heirs and creditors, create an inventory of assets, and obtain appraisals where necessary. Each of these steps has deadlines and requires court approval, which can add weeks or months.
One common delay occurs if there are creditors’ claims. California law requires that creditors be given four months to come forward with debts. If disputes arise about the validity of a claim, this can extend the process. Similarly, disagreements between family members about property division can significantly lengthen probate.
Even once debts are paid and property is ready for distribution, the executor must file a final accounting with the court. This document shows exactly what was collected, what was spent, and what is left for the heirs. The court reviews and approves this before allowing final distribution.
So, while it’s possible for probate to be wrapped up in less than a year, families should prepare for the process to take longer. Understanding the steps and being proactive with required filings can help minimize delays, but patience is often part of the journey.