TL;DR
The probate timeline in California typically ranges from 9 to 18 months, but it can go much longer if disputes, debt issues, or missing documents are involved. Planning ahead and consulting a probate attorney can help prevent delays.
Expectation vs. Reality: How Long Does Probate Really Take?
If you’re dealing with a loved one’s estate, you’ve probably heard that probate is slow. That’s not an exaggeration. Even a straightforward case in California usually takes several months to complete. And more often, it drags on for over a year.
The expectation is that probate should wrap up in a few months. But the reality? Multiple steps, mandatory wait periods, court schedules, and paperwork can create a much longer journey.
Typical Probate Timeline in California
Here’s a simplified look at the probate process and the time each step usually takes:
| Step | Estimated Time |
| File petition & get court date | 30–45 days |
| Notice to heirs & creditors | 15–45 days |
| Inventory and appraisal of estate | 60–120 days |
| Pay debts & taxes | 2–6 months |
| Distribute assets & close estate | 2–4 months |
Total average: 9 to 18 months
In complex cases or those involving legal disputes, the timeline can exceed 2 years.
Factors That Delay Probate in California
Several issues can stretch out the probate timeline beyond expectations. Common delays include:
1. Disputes Between Heirs
If someone contests the will or disagrees with the executor, everything pauses until the court resolves the dispute. Will contests can add months (or years) to the process.
2. Missing or Incomplete Documents
Lost wills, unclear asset records, or incomplete financial paperwork can cause delays while attorneys and executors try to track everything down.
3. Out-of-State or Foreign Assets
Assets located in other states or countries may require ancillary probate, adding layers of legal complexity and additional timelines.
4. Unpaid Debts and Creditors
Debts must be identified, notified, and paid. Disputes with creditors, or claims that need investigation, can drag things out.
5. Tax Issues
Estate tax filings or capital gains implications can require time-consuming reviews and final returns. If the estate earns interest or income, additional filings might be needed.
6. Court Backlogs
California’s probate courts can be overburdened, especially in larger counties like Los Angeles or San Diego. Even routine hearings can be delayed for months.
Tips to Speed Up the Probate Process
While you can’t control everything, there are ways to reduce unnecessary delays:
Make sure you have:
Get Documents in Order Early
- Death certificate
- Original will and any codicils
- Financial statements
- Title deeds
- Beneficiary designations
Keep All Heirs Informed
Clear, regular communication reduces misunderstandings and prevents disputes.
Respond Quickly to Court and Executor Requests
Delays often come from incomplete paperwork or slow responses. Treat requests like urgent tasks.
Use a Probate Referee Early
California requires a court-appointed probate referee to appraise non-cash assets. Request this early in the process to avoid lag later.
Choose the Right Executor
A proactive, organized executor can make or break the timeline. If no one in the family is ideal, a professional fiduciary is a smart option.
When Should You Call a Probate Attorney?
If you’re dealing with any of the following, you shouldn’t wait:
- The will is missing or unclear
- An heir is threatening to contest the will
- There are assets in multiple states or countries
- Significant debts or tax obligations
- You’re unsure about executor responsibilities
Even in “simple” cases, a probate attorney can save time, avoid costly mistakes, and reduce emotional stress.
You don’t need to go it alone, and in many cases, trying to do so can actually slow the process down.
FAQ: Probate Timeline in California
Q: Can probate take less than 6 months?
A: It’s rare. Even small estates usually take 6–9 months due to mandatory notices and court procedures.
Q: What’s the biggest cause of probate delays?
A: Disputes between heirs or missing asset information are two of the most common delays. In some cases, Court’s are backlogged and there can be a delay of 3 months or more for some petitions to be heard by the Court.
Q: Can I avoid probate entirely?
A: Yes. Tools like living trusts, joint ownership, and named beneficiaries on accounts can keep assets out of probate court. In the case of certain “Small Estates”, Probate can be avoided or an abbreviated Court process may be available.
Q: How can I check on a probate case in California?
A: If your case is in San Bernardino County, you can view case details and probate notes through the Court’s official Court Access Portal (CAP).
- Visit the main court site: San Bernardino Superior Court – Probate Division
- Access probate notes and case updates via the Court Access Portal (CAP)
(If your probate case is in a different county, you’ll need to visit that county Superior Court’s website for online case access.)
Don’t Let Probate Drag On. Get Support Now
Probate doesn’t have to be a drawn-out nightmare. With the right guidance, you can get through the process more smoothly and avoid common pitfalls. If you’re managing a loved one’s estate or planning ahead, our team is here to help. Book your probate consultation with us today.
