How Long Do You Have to File Probate After Death in California?

Losing a loved one is never easy, and dealing with legal matters during this time can feel overwhelming. During this challenging period, we know you may have a lot on your mind, and the idea of filing probate might seem like just another burden. 

At Blacksburg Law, we help families by guiding them through the estate planning process, which is much more than a stack of documents—it’s about making a plan for your assets and responsibilities after you’re gone. In this article, we’ll talk about probate in California, the key timeframes to keep in mind, and how acting promptly can help prevent additional complications.

What Is Probate and When Is It Necessary?

Probate is the court-supervised process of transferring a deceased person’s assets to the rightful heirs or beneficiaries. It is an important step when there isn’t a living trust in place or when assets aren’t held in ways that bypass the court. However, probate isn’t always required in California. Here are some cases when you might avoid the process:

When You Might Not Need Probate

• Small Estates: In California, if the value of the estate is at or below the small estate limit of $184,500 (as of 2024), probate may not be necessary.
• Joint Ownership: Assets held in joint tenancy or with rights of survivorship usually pass directly to the surviving owner.
• Designated Beneficiaries: Life insurance policies, retirement accounts, and other assets with designated beneficiaries generally bypass probate.
• Living Trusts: Assets placed in a living trust do not have to go through probate, making for a simpler transition.

Even if some parts of an estate avoid probate, it’s important to check the specifics of the estate to know if filing is required.

The Initial Steps and Deadlines: Clarifying the “No Deadline” Myth

A common misconception is that California has no strict deadline for filing probate. While the law does not impose a hard deadline to start the process, waiting too long can lead to problems. Delays may result in complications like creditor claims, asset depreciation, or even family disputes.

Practical Timeframes to Consider

Within 30 Days of Death (Ideal)

• Locate the Will: If there is a will, finding the original document should be a priority. This helps set the process in motion.
• Consult an Attorney: It’s wise to talk with a probate attorney as soon as possible. This meeting can give you a clear picture of your next steps and how best to handle the estate.
• Notify Beneficiaries and Heirs: Even though 30 days isn’t a hard deadline, it’s a good idea for the person planning to handle the estate (the personal representative) to let beneficiaries know about the process early on.

Within 30 Days of Learning of Appointment as Executor

If you are named as executor in a will, California Probate Code Section 8001 states that you have 30 days from the time you become aware of your nomination to petition the court. Often, this timeline isn’t clear because you might not learn about your appointment immediately, but it’s important to act once you do.

Within 90-120 Days of Death (Generally Recommended)

Filing the petition for probate within 90 to 120 days of the death is usually recommended. While not a strict deadline, this timeframe helps avoid additional hurdles that can come with delays.

The Four-Month Consideration

• Notifying Creditors: Once the court issues “Letters Testamentary” or “Letters of Administration” (which appoints the personal representative), creditors have four months from that date to file claims.
• Inventory and Appraisal: The personal representative is expected to file the inventory and appraisal within four months from when the Letters are issued.

It’s important to note that while someone may mention a “four-year” period, there isn’t a four-year limit to file for probate. Instead, there are limitations related to claims against the estate. For example, creditors generally have two years for oral contract claims and up to four years for written agreements.

The Probate Timeline: A General Overview

Even in the most straightforward cases, probate in California cannot be completed in less than six months. This is mainly because the law requires a waiting period for creditors to file claims, ensuring that all potential debts are addressed.

Average Timeframe

For most estates, the probate process takes anywhere from 9 to 18 months. This period allows for the orderly handling of debts, distribution of assets, and finalizing any disputes that may arise.

Complex Cases

When estates include issues such as contested wills, business ownership, substantial debts, or tax concerns, the process can extend for several years. These factors add layers of work and potential delays, which is why prompt action is so important.

Factors That Can Delay Probate (and Why Early Action Matters)

There are several reasons why the probate process might take longer than expected. Recognizing these can help you appreciate the importance of starting the process sooner rather than later.

Common Causes of Delays

• Will Contests: Disagreements over the validity of the will can slow down the process considerably.
• Creditor Claims: Complex or multiple creditor claims may drag out probate, especially if interest on debts begins to accrue.
• Asset Complexity: Estates that include real estate in multiple locations, business interests, or hard-to-value items naturally require more time.
• Tax Issues: Dealing with federal or state estate taxes can add extra steps and time to the process.
• Court Backlogs: Sometimes, the local court schedule can cause delays, adding weeks or months to the process.
• Litigation: The timeline will stretch further if beneficiaries or heirs engage in legal disputes over the estate.
• Difficulty Locating Assets or Heirs: In cases where records are incomplete, or heirs are hard to find, delays are common.
• Family Disputes: When there is no clear will, or there are disagreements among family members, it can take much longer to reach a fair resolution.

Addressing these factors early can help keep the process as smooth as possible and prevent unnecessary stress during an already difficult time.

Contact Us Today

Don’t face probate alone. Let our firm guide you through the process, helping to reduce delays and ease the burden during a tough time. If your estate is above the small estate limit of $184,500, please speak with us for a more detailed discussion. Call us at 415-508-5600 or visit our contact page to schedule your free consultation. 

We’re here to help you manage the process with a straightforward approach that respects both your time and your emotions.

We know that handling these matters can be stressful, but remember, you’re not alone. Reach out to Blacksburg Law today, and let’s work through this together.