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How Long Does Probate Take in California? The Timeline, Step by Step

How long does probate take in California? For a simple estate with no fights, plan on about a year from the day the court appoints the executor, and longer from the date of death. The Probate Code builds in waiting periods that nobody can skip, and the law expects the executor to either close the estate or explain the delay within one year of appointment.

That year surprises a lot of families. The house sits in limbo, the bills keep coming, and nobody can just sign the deed over. Knowing the steps ahead of time makes it less stressful, and it shows you which parts you can avoid entirely with some planning now.

Quick note on who is talking. opfinances.com is a licensed life insurance and annuity agency in Los Gatos. We are not a law firm, not a financial advisor and not a fiduciary. This is general education about how California probate works, not legal advice about any estate.

The short version

• Creditors get at least four months after the executor is appointed to file claims, so no California probate closes faster than that.
• Probate Code section 12200 expects the executor to petition to close the estate, or file a status report, within one year after letters are issued, or 18 months if a federal estate tax return is required.
• Fees run on the gross value of the estate under section 10810, so a $1,200,000 estate means about $25,000 for the attorney and $25,000 for the executor.
• Assets in a funded living trust, joint tenancy or with a named beneficiary skip probate and its timeline altogether.

The short answer is about a year, and here is why.

Probate is the court process that proves a will, pays the debts and hands out what is left. In California the timeline is not set by how busy the lawyer is. It is set by the statute, which stacks several waiting periods in a row.

The biggest one is the creditor window. Under Probate Code section 9100, a creditor can file a claim until the later of four months after letters are first issued to the executor, or 60 days after notice was mailed to that creditor. Until that window closes, the estate cannot safely pay out to the heirs.

Then section 12200 sets the outer marker. Within one year after letters are issued, the executor has to petition for final distribution or file a status report that explains why the estate cannot close yet and how long it will take. If the estate needs a federal estate tax return, that deadline is 18 months. So when people ask how long does probate take in California, the honest answer is that the law itself plans for about a year after appointment, and real cases often run past it.

The California probate timeline, step by step.

These are the steps in order, with the deadline the Probate Code sets for each. Local court calendars, including Santa Clara County Superior Court, add their own time between steps, so treat these as the minimums.

• Within 30 days of learning of the death, whoever holds the original will has to deliver it to the superior court clerk (section 8200).
• Someone files a petition to open probate and be named executor. The court sets the hearing 15 to 30 days after filing, or 30 to 45 days if the petitioner asks (section 8003).
• Notice of the hearing is published three times in a local newspaper, with the first run at least 15 days before the hearing (section 8121).
• After the hearing, the court issues letters, the document that lets the executor act for the estate. Most of the clocks below start here.
• Within four months of letters, the executor files the inventory and appraisal of everything in the estate (section 8800).
• The creditor claim window runs at least four months from letters (section 9100).
• Assets get sold or managed, debts and taxes get paid, and the executor prepares the accounting.
• Within one year of letters, the executor petitions for final distribution or files a status report (section 12200). Once the court approves the final petition, the property is handed out and the executor is discharged.

Selling the house usually adds the most time.

Most Bay Area estates have a house in them, and the house is usually what the money is tied up in. Under the Independent Administration of Estates Act, an executor with full authority can often sell without a court hearing, but has to send a notice of proposed action to the heirs at least 15 days before acting (section 10586). Add listing time, escrow and any repairs, and the sale often lands in the middle of the creditor window or after it.

A worked example from a Campbell family.

These dates and numbers are illustrative only, not a real case. Say a widowed mother in Campbell dies on January 10. Her house is in her name alone, worth $1,100,000, and she has a $100,000 brokerage account with no beneficiary. Her will names her son as executor. Nothing is in a trust.

Her son finds the will and files it with the clerk in early February, well inside the 30 days. He hires an attorney, and the petition to open probate is filed in early March. The hearing is set about four weeks out, the notice runs in the paper three times, and letters are issued in mid April.

Now the clocks start. The inventory is due by mid August. The creditor window closes in mid August at the earliest. Meanwhile the son gives the heirs a notice of proposed action, lists the house in May, and closes the sale in July. The money sits in the estate account until the creditor period ends.

In September the attorney prepares the final accounting and files the petition for final distribution. With notice and a hearing date, the court approves it in November, and the money goes out in December. That is about 11 months from death, which is close to the best case. One disputed claim, a slow sale or a sibling who objects can push it well past a year.

The cost runs alongside. The estate is $1,200,000 gross. Under section 10810, that works out to $25,000 for the attorney and another $25,000 for the executor, about $50,000 together, before court costs, appraisal and anything extra the court approves. If the son waives his executor fee, the attorney fee still applies.

What makes probate in California take longer.

The statute only sets the minimum. In practice, a few things push most cases past it.

• A will contest or a fight between siblings over who should be executor.
• A house that needs work, has tenants, or sits in a slow market.
• Creditor claims the executor disputes, which can turn into separate litigation.
• Missing heirs, or heirs who live out of the country and are slow to sign.
• An estate large enough to need a federal estate tax return, which moves the section 12200 marker to 18 months.
• Hearing dates. A continued hearing can add weeks each time.

Debts do not pass to the kids, but they slow things down.

Families worry that a parent's bills become their bills. Generally they do not; creditors get paid from the estate. But every claim has to be reviewed, and that is part of why the window exists. Our page on whether children inherit a parent's debt covers what creditors can reach.

Shorter paths when the estate qualifies.

Not every estate needs full probate. California has a few faster tracks, and they are worth checking before anyone files a petition.

If the property that would go through probate is worth $208,850 or less for deaths on or after April 1, 2025, the heirs can usually wait 40 days and collect it with a small estate affidavit under section 13100, with no court case at all. We walk through what counts toward that number in our post on the California probate threshold.

Property going to a surviving spouse can often be confirmed through a spousal property petition under section 13650, a single hearing instead of full administration. And when there is no will at all, the same probate steps apply, but the court follows the intestate rules for who inherits, which we cover in what happens if you die without a will in California.

How families keep assets out of the probate timeline.

The surest way to answer how long does probate take in California is to make it zero for most of what you own. Anything that already has a path to the next person never enters the court process.

That means a living trust that actually holds the house, payable on death or transfer on death designations on bank and brokerage accounts, and current beneficiary forms on retirement accounts, annuities and life insurance. A life insurance death benefit paid to a named, living beneficiary usually arrives in weeks, not months, and it can carry a family through the year a house sits in probate. Our life insurance page explains how we help families set that up, and how much life insurance you need helps size it.

Which tools fit your family is a question for an estate planning attorney. Our part is making sure the insurance and annuity side points the money where your plan says it should go. If you want a second look at your beneficiary forms, reach out here.

FAQ

Questions people ask.

How long does probate take in California?

For a simple, uncontested estate, plan on about a year from the date the court appoints the executor. Probate Code section 12200 expects the executor to petition to close or file a status report within one year of letters, or 18 months if a federal estate tax return is required.

What is the shortest possible probate in California?

Creditors have at least four months after letters are issued to file claims, and opening the case takes a hearing set 15 to 30 days after the petition. Add the time to get letters issued, then the final petition and its own hearing, and even a simple estate realistically needs more than six months.

Can you sell a house during probate in California?

Yes. An executor with full authority under the Independent Administration of Estates Act can often sell after giving heirs a notice of proposed action at least 15 days ahead. Otherwise the sale needs court confirmation, which adds time.

How much does probate cost in California?

The attorney and the executor are each entitled to a statutory fee on the gross estate: 4 percent of the first $100,000, 3 percent of the next $100,000, 2 percent of the next $800,000 and 1 percent of the next $9,000,000. A $1,000,000 estate means $23,000 to each.

Does life insurance go through probate in California?

Not when a living beneficiary is named. The insurer pays that person directly. If the estate is the beneficiary, or every named beneficiary has died, the money can end up in probate.

Getting it done

Getting the documents in place.

Reading about a will or a trust does not put one in place. If you want an attorney to draft or review your will, living trust, or power of attorney, a LegalShield membership gives you access to a provider law firm for a flat monthly fee instead of an hourly bill. You can also call with a question before it turns into a problem.

See LegalShield plans

Disclosure: Michael Le, the licensed agent behind opfinances.com, is also an independent LegalShield associate and may earn a commission if you enroll. LegalShield is not a law firm; it provides access to legal services offered by independent provider law firms. On Point Finances is not a law firm and does not give legal advice. Plan prices and coverage vary by state.

Where this fits.

This post covers one piece of a bigger plan. Life Insurance walks through the whole decision, and the answer library takes the follow up questions one at a time.

On Point Finances is a licensed insurance agency, not a tax, legal, or investment adviser. This post is general education, not a recommendation, and reading it does not create a client relationship.

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Sources

• California Probate Code section 12200, petition for final distribution or status report
• California Probate Code section 9100, creditor claim deadline
• California Probate Code section 8800, inventory and appraisal
• California Probate Code section 8003, hearing on the petition
• California Probate Code section 8121, publication of notice
• California Probate Code section 8200, delivering the will
• California Probate Code section 10586, notice of proposed action
• California Probate Code section 10810, statutory fees

Checked November 5, 2026. Rules and limits change; confirm current figures with the source or your own tax or legal professional before acting.