Most California probate cases take between 9 and 18 months from start to finish, though complex estates, disputes, or crowded court calendars can stretch that timeline to two or three years. Here’s what actually happens during that time.
Month 1–2: Filing and Notice
The process begins when the executor or administrator files a Petition for Probate (Form DE-111) with the Superior Court in the county where the decedent lived. The court then sets a hearing date, which typically takes several weeks to be scheduled. Notice of the hearing must be published three times in a local newspaper and mailed to all heirs and beneficiaries.
Month 2–3: First Court Hearing
At the initial hearing, a judge reviews the petition and formally appoints the personal representative, granting them “Letters” that authorize them to act on the estate’s behalf. Minor objections are often resolved at this stage.
Months 3–7: Inventory, Appraisal, and the Creditor Claim Period
The personal representative must inventory and appraise all estate assets, often with help from a court-appointed probate referee. California law also requires a minimum four-month window after the representative is appointed during which creditors can file claims against the estate. No final distribution can occur before this period closes.
Months 7–14: Resolving Debts and Claims
Legitimate creditor claims are paid from estate funds; disputed claims may require a court hearing. The personal representative also handles final income tax filings and any estate-level taxes.
Months 14–18: Final Accounting and Distribution
Once debts and taxes are settled, the personal representative submits a final accounting to the court (or beneficiaries waive this requirement) and requests approval to distribute remaining assets. Once approved, assets are distributed and the estate is formally closed.
What Speeds Things Up (or Slows Them Down)
Estates with a clear will, cooperative beneficiaries, and simple assets tend to move faster. Real estate sales, business interests, out-of-state property, disputes among heirs, or a will contest can all add months, sometimes years.
If you’d rather your family skip this timeline altogether, a properly funded living trust can transfer assets without court involvement. Michael Kerr can help you evaluate whether a trust-based plan makes sense for your situation.


