Average Probate Timeline in California

I recently had a client, David, call me in absolute distress. His mother passed away unexpectedly, and he’d meticulously prepared a codicil to her trust just weeks before—a codicil that, tragically, he couldn’t find. He’d spent hours retracing his steps, tearing apart his home office, and the emotional cost, on top of the grief, was devastating. Finding that document, or understanding his options without it, was going to cost him thousands in legal fees and, more importantly, immense stress.

What Factors Affect the Length of a California Probate?

Probate timelines are notoriously unpredictable. As an Estate Planning Attorney and CPA with over 35 years of experience here in Escondido, California, I’ve seen cases drag on for years, but also some conclude relatively quickly. The biggest variables are the complexity of the estate, potential disputes, and, frankly, the court’s caseload. But generally speaking, 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 are the Key Stages and Their Associated Timeframes?

Let’s break down the process. The first step is filing the Petition for Probate with the court. This usually happens within a few weeks of death. Then, notice must be given to heirs and creditors. This is a legally required step and takes time. 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. After that, we inventory the assets, which involves 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.

How Does the Size of the Estate Impact the Timeline?

The larger and more complex the estate, the longer it will take. 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). Larger estates mean more assets to appraise, more potential creditor claims, and a greater likelihood of disputes among beneficiaries. That said, even smaller estates can get bogged down if there are disagreements over who gets what.

What About Selling Assets, Like a House?

If the estate needs to sell assets, such as a house, that adds another layer of complexity. 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. This overbid process isn’t necessarily about getting a better price; it’s a procedural safeguard, and often, the property sells for close to the asking price anyway.

What About Executor Fees?

Many executors assume they’ll receive a salary for their work, but that’s not how California law works. 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. It’s crucial to understand that these fees, while established, still require accounting and court approval.

As a CPA as well as an attorney, I’m uniquely positioned to advise clients on the tax implications of probate. One key benefit is the ‘step-up in basis’ for inherited assets, meaning the beneficiaries receive a new cost basis equal to the fair market value at the time of death, potentially minimizing capital gains taxes when those assets are sold. Proper valuation is, therefore, incredibly important.

What failures trigger contested proceedings and court intervention in California probate administration?

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.

Ultimately, the difference between a routine distribution and a protracted legal battle often comes down to preparation. By anticipating the demands of the Probate Code and addressing potential friction points with beneficiaries and creditors upfront, fiduciaries can navigate the system with greater confidence and lower liability.

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.