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How long does probate take in California?

On Behalf of | May 13, 2025 | Probate Litigation |

Probate is the legal process of distributing a person’s assets after they pass away. The probate timeline can vary depending on several factors. Generally, it can take anywhere from several months to over a year to complete. 

If you’re going through probate, you may want to know how long it might take and what factors influence the duration.

Factors that affect the probate timeline

The length of probate in California depends on several key factors. First, if the estate is simple with no disputes and minimal assets, the process may be quicker. However, if there are disagreements among heirs, creditors to pay off, or complex assets to distribute, the process can drag on. Additionally, the court’s schedule and the efficiency of the personal representative play a role in how quickly things move forward.

How long does each stage take?

On average, probate in California takes between 9 to 18 months. The first step in the process, which is filing the petition with the court, can take a few weeks to several months. Once filed, there will be hearings and notices to send out, which also adds to the timeline. If the probate process is uncontested, it could move more quickly. However, if disputes arise, this could cause delays that extend the process by months or even years.

Can you speed up probate?

California law allows for a simplified probate process in some cases. For instance, if the estate’s value is under a certain threshold, probate may not be required at all. Additionally, some estates may qualify for a streamlined process known as “small estate” procedures, which can speed up the process significantly. This typically applies to estates valued below $166,250.

In some cases, California probate can be complex and lengthy. Understanding the potential timeline and how to streamline the process may help manage expectations. By ensuring everything is in order, the process could be a little less stressful.

Suzanne P. Nicholl
Rated by Super Lawyers


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