Probate in California: How Long Does it Take?

When someone close to you passes away, the last thing you want to deal with is a complicated legal process. But if their estate needs to go through probate in California, you might find yourself asking, “How long is this going to take?”

At Blacksburg Law, we understand that probate can feel like a long and frustrating process. Every case is different, and the timeline depends on a range of factors. Some cases move quickly, while others drag on for years. In this guide, we’ll walk you through what you can expect, what can slow things down, and what you can do to help things move as smoothly as possible.

Average Probate Timeline in California

The probate process in California can last anywhere between nine months and two years—sometimes even longer. For a simple estate with no major complications, probate can wrap up in nine to eighteen months. However, for more complex estates, it’s common for the process to extend between eighteen to twenty-four months or more.

The absolute minimum time to complete probate is about eight months, but that’s only possible in rare cases where everything is perfectly in order, there are no disputes, and the court’s schedule isn’t overloaded.

Every probate case is different. The timeline depends on the complexity of the estate, the court’s availability, and whether or not conflicts arise among heirs, creditors, or other interested parties.

Legal Requirements that Affect Timing

California law sets some general deadlines for probate. Ideally, the process should be completed within one year from the time the executor is appointed. However, if federal estate taxes are involved, this deadline extends to eighteen months.

While these deadlines exist, the reality is that many probate cases take longer due to factors beyond anyone’s control. Let’s break down what actually happens in probate and where delays often come into play.

Steps in the Probate Process (and How Long They Take)

Probate isn’t a single action—it’s a series of steps. Here’s a general breakdown of what happens and how long each stage can take:

1. Filing the Petition (1-2 months): The process officially starts when a petition is filed in the probate court. The court schedules a hearing, which can take several weeks.
2. Notifying Heirs and Creditors (2-3 months): The executor must formally notify all heirs, beneficiaries, and creditors of the probate case. Creditors are given four months to file claims against the estate.
3. Inventory and Appraisal of Assets (3-6 months): The executor must identify, collect, and appraise the deceased person’s assets. This step can take longer if assets are difficult to locate or appraise.
4. Handling Creditor Claims (4-6 months): Once notified, creditors can submit claims for debts owed. The executor must review and either approve or reject each claim.
5. Distributing Assets (Varies): After debts are settled, the remaining assets can be distributed to heirs according to the will (or state law if there is no will). If there are disputes, this step can take significantly longer.
6. Closing the Estate (1-3 months): Finally, the executor files a petition to close probate. The court reviews and approves the final accounting before officially closing the case.

Key Factors that Influence Probate Timelines

Several things can speed up or slow down the probate process. Here are the main factors to consider:

Complexity of the Estate

• A simple estate with only a few bank accounts and no real estate may move quickly through probate.
• A complex estate with multiple properties, business interests, or assets in different states will take longer to process.
• If an estate includes hard-to-value assets, such as a family business, artwork, or foreign investments, the appraisal process alone can add months to the timeline.

Existence and Validity of a Will

• If there is a clear and valid will, probate is usually more straightforward.
• If there is no will, the court must follow California’s intestate succession laws, which can take longer.
• Will contests—where someone disputes the validity of the will—can drag out probate for months or even years.

Court Backlogs and Local Procedures

• Some California counties have busier probate courts than others, leading to longer wait times for hearings.
• Scheduling delays are common, especially in larger counties like Los Angeles and San Francisco.
• Probate courts often handle many cases at once, which can slow down approval processes.

Creditor Claims and Taxes

• Creditors have four months from the notice date to file claims, which can delay asset distribution.
• If the estate is large enough to owe federal estate taxes, the probate process may take longer due to additional tax filings and approvals.

Beneficiary Cooperation and Disputes

• If all beneficiaries agree on asset distribution, probate moves faster.
• Disputes among heirs—especially over high-value assets—can cause significant delays.
• If beneficiaries live in different states or fail to respond to legal notices, communication delays can add months to the timeline.

Strategies to Potentially Shorten Probate

While you can’t always control probate delays, there are steps that can help speed up the process.

Proper Estate Planning

Good planning can make all the difference. A well-prepared estate plan can help your loved ones avoid unnecessary delays and reduce the need for court involvement.

• Living Trusts: One of the best ways to avoid probate altogether is by creating a living trust. Assets held in a trust can be transferred directly to beneficiaries without court involvement.
• Joint Ownership: If you co-own property with the right of survivorship, the property automatically transfers to the surviving owner without probate.
• Beneficiary Designations: Certain assets, like life insurance and retirement accounts, let you name beneficiaries. These assets pass outside of probate if properly designated.

Working with the Right Probate Attorney

Having the right legal guidance can make a big difference. At Blacksburg Law, we help families through the probate process efficiently, ensuring all paperwork is handled correctly and deadlines are met. We also provide estate planning services to help families avoid probate entirely when possible.

If you’re facing probate, here’s how we can help:

• Organizing and filing probate documents on time.
• Communicating with the court, creditors, and beneficiaries to avoid unnecessary delays.
• Helping executors understand their responsibilities and minimize mistakes that can slow down the process.

Efficient and Easy Way to Handle Probate: Contact Blacksburg Law Today

Probate can be frustrating, but you don’t have to go through it alone. At Blacksburg Law, we’re committed to making the process as smooth as possible for you and your family.

If you’re dealing with a probate in California or want to explore how a trust can help you avoid it, give us a call at 415-508-5600 to schedule a consultation with our firm. We’ll help you create a plan that meets your needs and protects your loved ones.

No matter where you are in California, our firm is here to provide clarity, support, and guidance every step of the way.