How Long Does Probate Usually Take In California
What Is Probate?
Probate is a legal process of formalizing a deceased person's will, or if there is no will in place, managing their estate. This process ensures fair distribution of assets amongst family members and loved ones, payment of arrears or debts and handling of taxes. This process can feel overwhelming for loved ones especially during a time of grief, however this is in place to provide legal protection for heirs and beneficiaries as well as providing legal transparency.
While probate may seem complex, with the right guidance, it can help families settle matters smoothly. Consulting an attorney early in the process can ease the burden and offer clarity on what to expect. This blog is designed to show you the processes included in probate, its stages and what is required during this.
How Long Does Probate Take in California (2025)?
The duration of probate can vary regardless of what state you wish to proceed in the process. In California, estimated time for probate can be 9 to 18 months. This timescale is factored by the complexity and size of the estate, the presence of the will and the efficiency of the local court system. Most importantly you must consider that your individual circumstances could affect the time of this process. Many courts are still dealing with a backlog and lingering delays from the recent pandemic as well as changes in local court processes and the availability of judges for severe cases. Working closely with a probate attorney ensures all documentation is filed promptly and properly, and that the executor stays on track to meet any and all court deadlines.
What are the Stages of Probate?
The probate process in California goes through several stages, each essential to ensuring the proper administration and distribution of the deceased’s estate. The first stage involves filing the will with the court, if one exists, and appointing an executor or administrator to oversee the process. If the deceased person left a will, the court typically honors their choice of executor. If no will exists, the court will appoint an administrator, usually a close family member. This person is responsible for managing the estate and must adhere to strict fiduciary duties.
Once an executor is in place, the next step is the inventory and appraisal of the estate’s assets. This includes identifying all property, bank accounts, personal belongings, and investments, as well as any outstanding debts. A thorough inventory is important, as it provides clarity of what is available for distribution and what may need to be liquidated to settle debts.
The third stage involves notifying potential creditors of the death and giving them an opportunity to file claims against the estate. Under California law, creditors have a limited time—usually four months from the time the executor is appointed—to come forward to file a claim. During this time, the executor also handles paying valid debts, taxes, and administrative expenses, such as court fees and legal costs.
The final stage of probate occurs once debts and taxes are paid. The executor or administrator can then distribute the remaining assets to the rightful beneficiaries according to the will’s instructions or California’s intestate succession laws. This distribution can only happen once the court approves the final accounting of the estate. Each stage is crucial, and any missteps can lead to legal challenges, delays, or disputes, making it essential to have professional guidance to navigate the process smoothly and succinctly.
How Long Does Probate Take in California Without a Will?
Sometimes a deceased individual will not have executed a will before their passing, this unfortunately can create complexities in probate law and will often result in the process taking longer. This is commonly known as ‘interstate probate’, the court must appoint an administrator to handle the deceased estate, and the state will determine how assets are distributed among family and loved ones. Without clarity this could lead to disputes between family and potential creditors with a claim, this would undoubtedly lengthen the time period. With this factored in, probate without a will can take up to 12-24 months, though again it will vary depending on the size and complexity of the estate. Working with an experienced probate attorney can help minimize delays and clarify legal responsibilities.
When Is Probate Required in California?
Probate is lawfully required in California if the deceased owned assets only in their name and if the total value exceeds a certain threshold. As of time of writing, probate is required if the estate is worth more than $184,500. However, some assets can bypass probate, such as properties that are jointly owned or accounts that have designated beneficiaries. Smaller estates can be eligible for more simplistic processes that are faster and less traditional. Ultimately, the need for probate depends on how the assets were titled and the estate’s total value. Understanding whether probate is required can help families navigate the process and reduce unnecessary stress, contacting an attorney can help you with this.
How Long Does It Take to Get Inheritance?
Receiving an inheritance in California can take anywhere from several months to a few years, depending on the probate process. After the court approves the executor or administrator, they must inventory and appraise the estate’s assets, pay debts, and handle taxes before distributing the remaining assets to heirs. Delays in any of these steps can extend the time it takes to receive inheritance. Even in straightforward cases, beneficiaries may wait 9 to 18 months. It’s important to be patient and remain in communication with the probate attorney to understand where the case stands.
Escheatment
Escheatment is the process where unclaimed or abandoned property reverts to the state. In California, if someone dies without a will and has no heirs under intestate succession laws, their estate is transferred to the state.
In 2024, escheatment remained a last resort, with California making extensive efforts to locate heirs before claiming the estate. If no heirs are found, the state takes possession.
This highlights the importance of estate planning, especially for those without close relatives or who want to leave assets to friends or charities. Without a will or heirs, your assets may go to the state instead of the people or causes you care about.
Factors That Can Delay Probate
Several factors can cause probate to take longer in California. Common issues include disputes among heirs, challenges to the will’s validity, and complications in valuing or selling estate assets. In some cases, an unclear or outdated will may lead to legal challenges, while uncooperative beneficiaries or creditors can prolong the process. Additionally, court backlogs and delays in filing necessary paperwork can extend timelines. Hiring an experienced probate attorney early in the process can help mitigate these challenges and keep things on track. With proper guidance, most delays can be managed or avoided altogether.
Get In Touch With The Best Probate Lawyers Today
Seeking guidance on probate and the will testimony of your deceased loved one can benefit you and here at
East County Family Law Firm we have the best probate attorneys to help you with any queries or process related questions regarding probate.
