Average Probate Timeline in California

As a California estate planning attorney and CPA with over 35 years of experience, I’ve seen firsthand how devastating it can be when a seemingly simple estate gets bogged down in probate court. Just last month, David’s mother passed away with a modest estate, but a hastily drafted codicil – improperly witnessed – was challenged by a distant cousin. The ensuing litigation added nearly a year to the probate process and cost his family over $25,000 in legal fees. It’s a painful example of why careful planning is so vital.

Clients frequently ask me, “How long does probate take in California?” It’s a complex question, and the answer isn’t straightforward. There’s no magic number, but understanding the key phases and potential delays will help you prepare. A probate case cannot be closed in less than roughly 7 to 9 months due to mandatory notice periods (15 days for initial hearing + 4 months for creditors), but most California probates in 2026 take 12 to 18 months due to court congestion.

What Impacts the Probate Timeline?

Several factors dramatically influence how long probate will take. The size and complexity of the estate are primary. A smaller, uncomplicated estate with few assets and no disputes will naturally move faster. Larger estates, especially those with real property, business interests, or out-of-state assets, require more extensive inventorying, valuation, and potential tax filings.

What are the Key Phases of Probate?

The probate process typically unfolds in several stages. First, the court formally appoints an Executor (or Administrator if there’s no will) to manage the estate. Then, the Executor is required to identify and inventory all assets, determine the validity of debts and creditor claims, pay off those debts, and ultimately distribute the remaining assets to the beneficiaries named in the will. Each of these phases has built-in time constraints and potential hurdles.

How Long Does It Take to Validate the Will?

If the will is contested—as in David’s case—this adds significant time. Even an uncontested will must be “validated” by the court, which involves a hearing to confirm its authenticity. This typically takes 60-90 days, assuming no challenges arise. The court must ensure the testator (the person making the will) was of sound mind and not under undue influence when signing the document.

What About Creditor Claims?

Creditors have a strict window to file claims—typically 4 months after Letters are issued. If a creditor fails to file within this window (and proper notice was given), their debt is generally extinguished forever. However, navigating these claims can be time-consuming. Often, legitimate debts are disputed, requiring negotiation or even court intervention.

Appraising Assets and Dealing with the Probate Referee

Unlike private appraisals, California requires the use of a court-appointed Probate Referee to value non-cash assets (like real estate and stocks). The Referee charges a statutory fee of 0.1% of the assets appraised. While this ensures a neutral valuation, it adds another layer to the process. Referees are often backlogged, extending the timeline. The complexity of the assets also matters; valuing a closely-held business, for instance, is far more involved than appraising a savings account.

Selling Real Estate: Full vs. Limited Authority

If the estate includes real property, selling the house is often a critical step. With Full Authority, an executor can sell real estate without a court hearing. With Limited Authority, the sale MUST be confirmed by the judge in an open court ‘overbid’ process, which adds significant time and expense. Choosing the right type of authority at the outset is crucial.

Executor Fees and Accounting

California law sets a mandatory Statutory Fee Schedule based on the gross value of the estate (not the net equity). For example, the fee is 4% of the first $100k, 3% of the next $100k, and 2% of the next $800k. This is a right, not a salary, and is taxable income. The Executor is also responsible for preparing a final accounting of all income and expenses, which must be submitted to the court for approval before the estate can be closed.

Avoiding Probate Altogether

As a CPA as well as an attorney, I strongly advise clients to explore strategies to avoid probate whenever possible. Properly funded revocable living trusts, joint tenancy with right of survivorship, and beneficiary designations on accounts (POD/TOD) can all bypass the probate process. Furthermore, effective tax planning, particularly maximizing the step-up in basis for inherited assets, can significantly reduce future capital gains taxes. This is where my dual credentials are particularly valuable.

As of April 1, 2025, formal probate is generally required if the gross value of the estate exceeds $208,850 (Probate Code § 13100). However, this calculation excludes assets held in trust, joint tenancy, or those with beneficiary designations (POD/TOD).

What determines whether a California probate estate closes smoothly or turns into litigation?

Success in probate court depends less on the size of the estate and more on the accuracy of the petition and the behavior of the fiduciary. Whether the issue is a forgotten asset, a contested creditor claim, or a disagreement among siblings, understanding the procedural triggers for court intervention is the best defense against prolonged administration.

A stable probate administration outcome usually follows from clarity, consistency, and readiness for court review, especially when multiple stakeholders and competing interpretations are involved. When documentation supports enforcement and timelines are respected, families are less likely to face preventable escalation.

Verified Authority on California Probate Administration

• Executor Powers (The IAEA): California Probate Code § 10400 (Independent Administration)
  The Independent Administration of Estates Act (IAEA) is the engine of a modern probate. It allows personal representatives with “Full Authority” to sell real estate and pay bills without constant court approval. Without IAEA authority, every major action requires a separate court petition and order.
• Statutory Executor Fees: California Probate Code § 10800 (Compensation)
  Executor fees in California are not arbitrary. They are calculated on the gross value of the probate estate: 4% of the first $100k, 3% of the next $100k, 2% of the next $800k, and 1% of the next $9 million. This often surprises heirs when the estate has high asset value but high debt (low equity).
• Creditor Claim Deadlines: California Probate Code § 9100 (Statute of Limitations)
  The primary benefit of formal probate is the “clean break” from debts. Creditors generally have four months from the issuance of Letters to file a formal claim. If they miss this deadline, the debt is usually legally unenforceable against the estate or the heirs.
• Probate Value Threshold ($208,850): California Probate Code § 13100 (Small Estate Limit)
  Effective April 1, 2025, estates valued under $208,850 may qualify for summary procedures (like a Small Estate Affidavit) instead of formal probate. Note that this limit is adjusted for inflation every three years.
• Mandatory Publication: California Probate Code § 8120 (Notice to Creditors)
  Before the court can appoint an executor, a Notice of Petition to Administer Estate must be published in a newspaper of general circulation in the city where the decedent resided. This publication serves as constructive notice to unknown creditors and potential heirs.
• The Probate Referee: California Probate Code § 8900 (Appraisal)
  You cannot simply guess the value of the estate’s assets. The court appoints a neutral Probate Referee to appraise all non-cash assets (real estate, stocks, business interests). Their appraisal is required before the estate can be distributed or closed.