How Long Does Probate Take in California?

What Affects How Long Probate Takes

Common factors include:

• whether there is a valid will
• the size and complexity of the estate
• required waiting periods under state law
• court workload and processing time
• whether the estate is contested

These factors influence how much time the court needs to process the estate and whether additional review or waiting periods apply.

Typical Probate Timeline in California

While every case is different, probate generally follows these steps:

• Filing the petition (Week 1–2) The petition for probate is filed with the superior court in the county where the decedent lived. A hearing date is set, usually 4 to 6 weeks out.
• Notice and hearing (Week 3–8) Notice of the hearing must be published in a newspaper and mailed to heirs and beneficiaries at least 15 days before the hearing.
• Appointment of personal representative (Month 2–3) At the hearing, the court confirms the executor and issues letters testamentary. The personal representative can now act on behalf of the estate.
• Inventory and appraisal (Month 3–7) The personal representative must file an inventory within four months of appointment. A court-appointed probate referee appraises non-cash assets.
• Notice to creditors (Month 2–6) Notice is published and mailed to known creditors. Creditors generally have four months from when letters were issued to file claims.
• Payment of debts and taxes (Month 6–12) All valid claims, taxes, and administrative expenses are paid from estate assets. Federal estate tax returns may be needed for larger estates.
• Petition for final distribution (Month 12–16) The personal representative petitions the court for approval to distribute remaining assets. Another hearing is scheduled.
• Final distribution and closing (Month 14–18) After court approval, assets are distributed to beneficiaries and a final accounting is filed to close the estate.

Short vs. Long Probate Cases

• Simple estates often complete probate closer to the lower end of the typical range.
• Contested or complex estates can take significantly longer, especially if disputes arise or assets are difficult to locate.

How California Probate Differs From Other States

California probate is among the most court-involved in the country. The state does not follow the Uniform Probate Code and requires multiple court hearings, mandatory appraisals by a court-appointed probate referee, and judicial approval before assets can be distributed. California also sets statutory attorney and executor fees based on the gross value of the estate, not the net value — which can make probate more expensive than in other states. On the positive side, California has a relatively high small estate threshold ($184,500 as of 2024), and the state allows simplified transfer procedures for estates below that amount.

California Probate Fees

California sets statutory fees for both the attorney and the personal representative based on the estate’s gross value:

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9,000,000

These fees are calculated on gross value before debts are subtracted, meaning an estate with a $500,000 home but a $400,000 mortgage still pays fees based on $500,000. Both the attorney and executor are each entitled to these fees, so total fees can be significant.