California Probate Timeline: What to Expect Week by Week (2025)

California probate typically takes 12-18 months from filing to final distribution. But what actually happens during that time? This week-by-week breakdown shows you exactly what to expect at each stage.

Based on 25+ years of handling probate cases at Stanley Mosk Courthouse in Los Angeles County.

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Pre-Filing: Weeks 1-3

Before you even file with the court, several things need to happen.

Week 1: Immediate Tasks

What happens:

• Locate the original will (if one exists)
• Obtain certified copies of the death certificate (order 10-15 copies)
• Identify and secure estate assets
• Notify financial institutions of the death
• Determine if probate is necessary (estates under $184,500 may qualify for simplified procedures)

Your role as executor:

• Gather all estate documents
• Make a preliminary list of assets and debts
• Determine who the heirs and beneficiaries are
• Consult with a probate attorney

Weeks 2-3: Attorney Consultation and Preparation

What happens:

• Meet with probate attorney to review the case
• Gather information for the Petition for Probate
• Prepare the petition, will, and supporting documents
• Identify special circumstances (real estate sales, business assets, disputes)

Documents you'll need to provide:

• Original will (if one exists)
• Death certificate
• List of assets with estimated values
• List of debts and creditors
• Names, addresses, and relationships of heirs and beneficiaries
• Proposed executor's information

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Filing and Hearing: Weeks 4-8

Week 4: File the Petition

What happens:

• Petition for Probate filed with the Superior Court
• Filing fee paid ($435-$550 depending on estate size)
• Hearing date assigned (typically 30-45 days out)

Court requirements:

• Original will deposited with the court
• Proof of death filed
• All required forms completed and submitted

Weeks 5-7: Notice Period

What happens:

• Notice of Petition mailed to all heirs and beneficiaries
• Notice published in local newspaper (once a week for 3 consecutive weeks)
• Waiting period for any objections

Your role:

• Review and approve notice documents
• Provide accurate addresses for all parties
• Wait (this is mostly a waiting period)

Week 8: Probate Hearing

What happens:

• Court hearing to appoint executor/administrator
• If no objections, Letters Testamentary issued
• Bond posted (if required and not waived by will)

After the hearing:

• Executor now has legal authority to act
• Can access bank accounts, manage assets
• Creditor claim period begins

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Estate Administration: Months 3-12

This is the longest phase. Here's what happens month by month.

Month 3: Creditor Notification

What happens:

• Notice to Creditors published in newspaper
• Known creditors notified directly by mail
• 4-month creditor claim period begins

Key deadline:

• Creditors have 4 months from first publication (or 60 days from direct notice, whichever is later) to file claims

Month 4: Inventory and Appraisal

What happens:

• Complete inventory of all estate assets
• Probate referee appointed to appraise assets
• Inventory and Appraisal filed with court

Assets that need appraisal:

• Real estate
• Vehicles
• Business interests
• Valuable personal property
• Stocks and securities (as of date of death)

Months 5-8: Asset Management

What happens:

• Creditor claims reviewed and paid/rejected
• Estate income collected (rent, dividends, etc.)
• Bills and expenses paid from estate funds
• Real estate sold (if necessary)
• Tax returns prepared

Ongoing executor duties:

• Keep detailed records of all transactions
• Maintain estate bank account
• Communicate with beneficiaries
• Make prudent investment decisions

Months 9-11: Tax Filings

What happens:

• Decedent's final income tax return filed
• Estate income tax return filed (if required)
• Estate tax return filed (if estate exceeds federal exemption)

Key deadlines:

• Final 1040: April 15 (or extension)
• Estate 1041: 15th day of 4th month after estate's fiscal year ends
• Estate 706: 9 months from date of death (extensions available)

Month 12: Prepare for Closing

What happens:

• Final accounting prepared
• All debts confirmed paid
• Distribution plan finalized
• Petition for Final Distribution prepared

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Closing the Estate: Months 13-18

Month 13-14: Final Accounting

What happens:

• Detailed accounting of all receipts and disbursements
• Attorney and executor fees calculated
• Proposed distribution to beneficiaries documented
• Petition for Final Distribution filed

The accounting includes:

• Every dollar that came into the estate
• Every dollar that went out
• Current cash and asset balances
• Proposed fee payments
• Proposed beneficiary distributions

Month 15: Court Review

What happens:

• Court reviews final accounting
• Beneficiaries can object if they disagree
• Hearing scheduled for approval

If beneficiaries object:

• Timeline extends significantly
• May require mediation or litigation
• Could add 6-12+ months

Month 16-17: Final Hearing and Distribution

What happens:

• Court approves final accounting
• Fees paid to attorney and executor
• Assets distributed to beneficiaries
• Deeds transferred for real estate

After distribution:

• Beneficiaries sign receipts
• All accounts closed
• Final report filed with court

Month 18: Estate Closed

What happens:

• Order of Final Distribution entered
• Executor discharged from duties
• Estate officially closed
• Any remaining administration completed

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When Probate Takes Longer

The 12-18 month timeline assumes a straightforward case. These factors add time:

Contested Matters (+6-24 months)

• Will contests
• Disputes among beneficiaries
• Executor removal proceedings
• Creditor claim disputes

Real Estate Sales (+3-6 months)

• Getting court approval for sale
• Marketing and selling property
• Completing escrow
• Handling tenant issues

Complex Assets (+3-12 months)

• Business interests requiring valuation
• Out-of-state property (requires ancillary probate)
• Difficult-to-value assets
• Partnership or LLC interests

Tax Issues (+3-6 months)

• Estate tax audit
• Income tax disputes
• Complicated business tax returns
• International tax issues

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The Week-by-Week Executor Checklist

Weeks 1-4 (Pre-Filing)

• Obtain 10-15 certified death certificates
• Locate original will and estate planning documents
• Secure all estate assets
• Notify financial institutions of death
• Consult with probate attorney
• Gather information for petition
• Prepare asset and debt lists

Weeks 5-8 (Filing and Hearing)

• Review and approve petition documents
• File petition with court
• Provide addresses for notice
• Wait for hearing date
• Attend probate hearing
• Obtain Letters Testamentary

Months 3-4 (Initial Administration)

• Open estate bank account
• Notify creditors (publish and mail)
• Begin collecting estate income
• Compile inventory
• Coordinate with probate referee
• File Inventory and Appraisal

Months 5-12 (Ongoing Administration)

• Review and pay/reject creditor claims
• Manage estate investments
• Sell real estate (if needed)
• Keep beneficiaries informed
• Maintain detailed records
• File tax returns
• Pay ongoing expenses

Months 13-18 (Closing)

• Prepare final accounting
• Calculate and pay fees
• File Petition for Final Distribution
• Distribute assets to beneficiaries
• Obtain signed receipts
• File final report
• Close estate

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Frequently Asked Questions

Can probate be completed faster than 12 months?

In California, the creditor claim period alone is 4 months, which sets a minimum timeline. Simple estates with no real estate, no disputes, and cooperative beneficiaries can sometimes close in 8-10 months, but this is rare. Most estates take 12-18 months.

What happens if the executor doesn't follow the timeline?

Executors have a fiduciary duty to administer the estate diligently. Extended delays can result in: removal by the court, personal liability for losses caused by delay, objections from beneficiaries, and reduction of executor fees.

Do I need to attend all court hearings?

Usually only the initial probate hearing and final accounting hearing require attendance, and often your attorney can appear on your behalf with proper authorization. Other matters are typically handled through written filings.

What if a creditor files a late claim?

Creditors who miss the 4-month deadline generally lose their right to collect from the estate. However, some claims (like secured debts on property) may still need to be addressed. Your attorney can advise on specific situations.

When do beneficiaries receive their inheritance?

Beneficiaries typically receive distributions after the final accounting is approved—usually 12-18 months after the process begins. Some estates make preliminary distributions earlier if sufficient funds are available and all debts are covered.

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Need Help With California Probate?

Navigating probate alone is challenging. An experienced probate attorney can handle court filings, deadlines, and legal requirements while you focus on your family.

Learn about our probate services or schedule a consultation to discuss your situation.

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This article provides general information about California probate timelines. Every estate is different, and actual timelines vary based on complexity, court schedules, and other factors. Consult with a qualified California probate attorney about your specific situation.

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