The loss of a loved one is never easy. As you grieve, you're suddenly faced with the responsibility of settling their estate. Suppose your loved one died with assets in their name, as many people do. In that case, the estate will likely need to go through the probate steps in California before distributing it to the rightful heirs or beneficiaries.
At the Law Firm of Kavesh, Minor & Otis, our California probate lawyers know firsthand how overwhelming and confusing the probate steps in California can seem, especially when you're already dealing with so much. One of the most common questions we hear is, "How long will probate take?" The answer depends on the unique circumstances of the estate, but understanding how it works and the general timeline can help you know what to expect in the months ahead.
Initiating Probate Proceedings Takes About One to Three Months
The first step in the probate process is filing a petition with the California Superior Court in the county where the deceased person lived at the time of their death. The petition will also include other important information, such as the death certificate and original will, if there is one.
Notice of the petition must then be mailed to everyone named in the will and all legal heirs of the deceased. The petitioner, who is often the executor in the will, must also publish a notice in a newspaper of general circulation to notify any unknown creditors.
After notice has been given, a hearing will be held to appoint the personal representative (also called the "executor" or "administrator") to manage the estate. If the petitioner is the person named in the will, they will likely be appointed without objection. If there is no will or the named executor is unwilling or unable to serve, the court will appoint an estate administrator instead.
Inventory and Appraisal of Estate Assets Can Take One to Six Months
Once the court has formally appointed the personal representative, they must identify, gather, and inventory all the assets in the estate. Some assets, like bank accounts and real estate, may be easy to locate. Others, like jewelry, artwork, or collectibles, may take longer to track down.
The personal representative must also have certain estate assets professionally appraised. In California, probate referees appraise non-cash assets to determine their fair market value. Generally, the appraisal process is completed within one to two months after the court assigns the probate referee.
The entire inventory and appraisal process typically takes about one to two months for a simple estate. For more complex estates with numerous or hard-to-value assets, this step may take up to six months.
Paying Debts and Taxes Can Extend the Process By Six to 12 Months
Before the estate can be distributed to the heirs or beneficiaries, the personal representative must notify creditors and pay all the valid debts and liabilities of the estate. Known creditors must be notified personally, while unknown creditors are notified via the published newspaper notice.
Creditors then have four months to file a claim against the estate. The personal representative can either allow or reject each claim. If a claim is denied, the creditor has another three months to file a lawsuit contesting the rejection.
The personal representative must also ensure that all the deceased's final income taxes and any estate taxes are paid. An estate tax return is due nine months after the date of death, although the personal representative can request a six-month extension if needed.
For many estates, paying debts and taxes adds an additional six to eight months to the probate timeline. If there are disputes over creditor claims or issues with the estate tax return, this phase may take up to a year or longer.
Closing the Estate May Take One to Two Months
After all the assets have been gathered, creditors paid, and taxes settled, the personal representative will file a petition with the court to close the estate and distribute the remaining assets to the heirs or beneficiaries.
The personal representative must file a final accounting that documents all the estate's financial transactions during the probate steps in California. If the accounting is approved, the judge will issue an order authorizing the distribution of assets and closing the estate.
In most cases, the final distribution of assets and closure of the estate is complete within one to two months of filing the petition to close probate, as long as there are no objections from heirs or other interested parties.
Factors That Can Significantly Impact the Probate Timeline
While the typical uncontested probate process takes around 12 to 18 months from start to finish, several factors can extend this timeline dramatically:
- Will contests or disputes among heirs. If someone challenges the validity of the will or argues over their inheritance, probate will take much longer. A will contest is essentially a lawsuit and may take months or even years to resolve. The estate cannot be settled until all disputes are decided by the court.
- Complicated assets. Estates that include a business, commercial real estate, or other complex assets will require more time for valuation and transfer of ownership. The personal representative may need to hire expert appraisers and advisors, potentially extending the process by several months. If the estate includes assets located in other states, ancillary probate proceedings may be necessary, further complicating matters.
- Estate tax issues. Larger estates that owe estate tax may face delays if the tax return is selected for audit by the IRS. An audit can easily add a year or more to the probate timeline. Even if no audit is conducted, filing an estate tax return requires significant documentation and complex calculations, which can slow down the probate steps in California.
- Creditor issues. If creditors are slow to file claims or there are disputes over the validity of certain debts, probate will take longer. If a creditor files a lawsuit contesting the personal representative's decision to reject their claim, the matter will have to be resolved in court before probate can conclude.
How a California Probate Lawyer Can Help Navigate the Process
Given the numerous potential issues involved, it's not surprising that many executors and administrators seek the guidance of an experienced California probate lawyer. An attorney who focuses their practice on probate and estate administration can provide invaluable assistance at every stage of the process:
- Preparing and filing court documents. A probate lawyer can ensure that your petition and other required documents are completed accurately and filed in a timely manner to avoid delays.
- Guiding you through the legal process. If any complications arise during the probate steps in California, such as a will contest or disputed creditor claim, a probate attorney can provide essential guidance and representation.
- Handling creditor notifications and claims. An experienced lawyer can assist with properly notifying creditors and reviewing claims to determine their validity, potentially saving the estate time and money.
- Advising on tax matters. A probate attorney can coordinate with tax professionals to ensure estate tax returns are prepared correctly and filed on time to minimize the risk of an audit.
- Resolving disputes and contests. If any disagreements occur among heirs or beneficiaries, a skilled probate lawyer can often facilitate a resolution to avoid costly litigation.
- Assisting with the sale of estate property. If the estate includes real estate or other assets that must be sold, an attorney can oversee the process to ensure compliance with California law.
Perhaps most importantly, working with a knowledgeable probate lawyer can provide peace of mind during a challenging time in your life. You can feel confident that you have an experienced advocate on your side who will work diligently to settle your loved one's estate as efficiently as possible while ensuring every legal requirement is met.
No two probate cases follow the exact same timeline. The best way to understand what to expect in your specific situation is to consult with a qualified California probate lawyer. An attorney who focuses their practice on probate and estate administration will be able to assess your case, identify potential obstacles, and provide a more accurate estimate of how long the process will take.
