How long does probate take in California is often the first question families ask after a death. The honest answer: most California probate cases take about 9 to 18 months from start to finish. Simple estates sometimes close in under a year. Complicated ones can stretch past two years. California law itself sets the pace. Under Advertisement
What “probate” actually means, and why it takes time
Probate is the court process that transfers a person’s property after they die. A judge confirms the will, appoints someone to manage the estate, and supervises the payoff of debts. That person is called the executor if the will names them, or the administrator if the court picks them. Both are also called the “personal representative.” If there is no will, the estate is “intestate,” and California’s default rules decide who inherits.
The delay is usually not the paperwork. It is the waiting periods baked into the statutes. For example, the court must hold a hearing before anyone is appointed, and busy counties like Los Angeles often schedule that hearing 6 to 10 weeks out. Notice must be published in a newspaper three times before that hearing.
Creditors also get a protected window. Under Probate Code section 9100, a creditor may file a claim until the later of four months after letters are first issued, or 60 days after they receive direct notice. Nothing can be distributed until that clock runs out.
How long does probate take in California, step by step
Here are the deadlines California sets. These are the real drivers behind how long does probate take in California in any given county.
| Step | California rule or typical timing |
|---|---|
| Petition filed to open probate | Usually within 30 days of death |
| Notice to heirs before hearing | At least 15 days before the hearing (Prob. Code §8003) |
| First hearing / letters issued | Roughly 6 to 12 weeks after filing |
| Inventory and Appraisal filed | Within 4 months after letters issue (Prob. Code §8800) |
| Creditor claim window | 4 months after letters, or 60 days after notice |
| Petition for final distribution or status report | Within 1 year of letters; 18 months if a federal estate tax return is due (§12200) |
| Typical total | 9 to 18 months |
Cost matters too, because fees follow the timeline. Probate Code section 10810 sets statutory fees for both the attorney and the personal representative: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. On a $600,000 estate, that is $15,000 each. Good news on taxes: California has no state estate tax and no inheritance tax. Only the federal estate tax may apply, and the 2026 federal exemption is $15 million per person.
Shortcuts that can skip probate entirely
Many families never need full probate. California offers simplified paths, and they move much faster. If the estate’s qualifying property is worth $208,850 or less (the figure for deaths on or after April 1, 2025), a successor can often use a small estate affidavit under Probate Code section 13100. You must wait 40 days after the death. Then you present the signed affidavit to the bank. No court hearing is needed in most cases.
For homes, Assembly Bill 2016 changed things on April 1, 2025. Under Probate Code section 13151, if the decedent’s primary residence in California is worth $750,000 or less, a successor may petition for a court order confirming they inherited it. This avoids full administration. That threshold holds for deaths through March 31, 2028. A surviving spouse may also use a spousal property petition, which typically resolves in 2 to 4 months.
Assets in a living trust, joint tenancy property, and accounts with named beneficiaries pass outside probate too. As a result, a well-planned estate can settle in weeks instead of a year.
What you can do right now
Start by listing every asset and how it is titled. That single step tells you whether how long does probate take in California is even a question you need to answer. If everything sits in a trust or has a beneficiary named, you may be able to skip court altogether.
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Next, visit the California Courts Self-Help Guide. It has free forms, plain-English instructions, and county-by-county filing details. Many superior courts also run a self-help center that reviews forms for free.
If probate is needed, file promptly and respond to court notices quickly. Missed hearings are the most common cause of delay. In most cases, an organized executor who returns calls and files on time can keep the case near the shorter end of the range. Every estate is different, so check with your county’s probate court or a licensed California attorney about your situation.
Frequently Asked Questions
How long does probate take in California if there is no will?
Typically about the same, or a few months longer. However, the court must first decide who serves as administrator, and that can add a hearing. As a result, intestate estates often run 12 to 24 months.
Can beneficiaries get money before probate ends?
Sometimes. The personal representative may petition for a preliminary distribution, generally after the four-month creditor window closes. For example, a judge may release part of a cash account while a house is still being sold.
What makes probate take longer than 18 months?
Usually a will contest, hard-to-value property, a slow real estate sale, or unpaid taxes. In most cases the executor then files a status report under section 12200 explaining the delay and estimating a closing date.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified July 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.