Losing a loved one is hard enough. Then someone tells you there’s no will, no trust documents, or only a will and now the estate has to go through probate. Suddenly you’re staring down a legal process you’ve never heard of, trying to figure out what happens next.
If that sounds familiar, you’re not alone. Many California families find themselves navigating the probate process after a loved one dies without an estate plan in place. The good news? Once you understand the timeline of a California probate case, the process becomes a lot less intimidating.
At the Law Offices of Daniel A. Hunt, our experienced probate attorneys guide families through California probate every day. Here’s an honest, plain-English breakdown of what to expect, from the first filing to the moment assets finally reach the people who should receive them.
What Is Probate, and When Is It Required in California?
Probate is the court-supervised process of settling a deceased person’s estate. In California, whether probate is required depends on the type and value of assets involved, and recent law changes have expanded the options for families.
If the gross value of the decedent’s personal property (think bank accounts, stocks, and similar assets) is $239,700 or less (for deaths occurring after April 1, 2026), successors may be able to collect those assets through a simplified Small Estate Affidavit process- no court required. And under AB 2016, estates can also bypass traditional probate for a primary residence valued at $750,000 or less, as long as the remaining personal property stays within that same $239,700 limit. That’s a meaningful update that puts probate avoidance within reach for many more California families.
If your loved one died without a will (what’s called dying “intestate”), the court uses California’s intestate succession laws to determine who inherits the estate. That means the state essentially writes the distribution plan for you, which may or may not reflect what your loved one would have wanted.
Not everything goes through probate, though. Assets with named beneficiaries (like life insurance or retirement accounts), jointly held property, and assets held in a living trust typically pass outside of probate. But if there’s a house, bank accounts, or other significant assets in the decedent’s name alone, probate is likely the path forward.
Step 1: Filing the Petition (The First 30 to 60 Days)
The probate process officially begins when someone files a Petition for Probate with the Superior Court in the county where the decedent lived. In most cases, this is the executor named in the will, or if there’s no will, a close family member who steps up to serve as an estate administrator, also called a personal representative.
The petition asks the court to formally open the estate and appoint someone to manage it. Along with the petition, you’ll typically file the original will (if there is one), a death certificate, and a list of the estate’s known assets.
Once the petition is filed, the court schedules a hearing, usually within four to eight weeks. At the hearing, the judge reviews the petition and, if everything looks good, issues “Letters Testamentary” or “Letters of Administration.” These letters are the legal document that gives the executor or administrator authority to act on behalf of the estate.
This stage sounds straightforward, but small errors in the paperwork can delay your hearing or even require you to start over. Working with an experienced probate attorney from the start helps you avoid those early stumbles.
Step 2: Notifying Creditors and Taking Inventory (Months 2 Through 4)
Once the executor or administrator is officially appointed, the real work begins. California law requires them to:
- Notify known creditors directly and publish a notice to creditors in a local newspaper (this gives unknown creditors a chance to come forward)
- Inventory and appraise all estate assets using a court-appointed probate referee
The creditor notice period lasts four months from the date the executor receives their Letters, or 60 days from the date a creditor receives actual notice, whichever is later. During this time, creditors can submit claims against the estate.
The inventory and appraisal (filed on a form called the “Inventory and Appraisal” or DE-160) must value all probate assets as of the date of death. From real estate to investment accounts to business interests to personal property, everything gets documented and assigned a fair market value.
This stage of the California probate timeline is often where delays happen. Tracking down assets, dealing with financial institutions, and responding to creditor claims all take time. Staying organized and proactive makes a big difference here.
Step 3: Managing the Estate and Paying Debts (Months 4 Through 9)
With the inventory complete and the creditor notice period running, the executor takes on the day-to-day management of the estate. This means keeping up with bills (like property taxes or insurance on the family home), managing investments, and sometimes selling assets to pay debts or cover estate expenses.
Valid creditor claims must be paid from estate funds before any distributions can be made to beneficiaries. This includes things like outstanding medical bills, credit card debt, taxes, and funeral expenses. If the estate doesn’t have enough liquid cash, the executor may need to sell property to cover these obligations.
Federal and California estate taxes may also come into play, though most estates don’t owe estate tax. Federal estate tax currently applies only to estates over $15 million as of 2026. However, the estate may still owe income taxes on earnings generated during the administration period.
Throughout this phase, the executor files accountings and reports to keep the court informed. This transparency is a built-in safeguard that protects both the beneficiaries and the executor.
Step 4: Petition for Final Distribution (Months 9 Through 12 and Beyond)
Once the debts are paid, taxes are settled, and the administration work is complete, the executor files a Petition for Final Distribution. This document asks the court to approve the final accounting of the estate and authorize distribution of the remaining assets to the beneficiaries.
The final accounting is a detailed report showing every dollar that came into the estate and every dollar that went out. Beneficiaries have the right to review this accounting and raise any objections before the court approves it.
The court sets a hearing date for the final petition. If no objections are filed and the judge is satisfied with the accounting, the court issues an order confirming distribution. From there, the executor can finally transfer assets, whether that means deeding real property, transferring account balances, or distributing personal property to the people who are supposed to receive them.
So how long does the full California probate timeline take? In straightforward cases, expect roughly 9 to 18 months. Complex estates (such as those with disputed assets, creditor conflicts, contested wills, or business interests) can take two years or more.
How Much Does California Probate Cost?
It’s a fair question, and one most families have early on. California sets statutory attorney and executor fees based on a percentage of the gross estate value. Here’s the fee schedule under California Probate Code §10810:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
Both the attorney and the executor are each entitled to this fee. So on a $500,000 estate, for example, each would receive $13,000 for a total of $26,000 in statutory fees. Court filing fees, publication costs, and appraisal fees add to the total.
This is one of the reasons many estate planning attorneys recommend establishing a living trust: assets held in trust avoid probate entirely, which can save your family significant time, money, and stress. But if you’re already in the middle of probate, understanding the costs upfront helps you plan accordingly.
Contact Our Firm to Get Started
The California probate timeline can feel overwhelming, especially when you’re grieving and just trying to do right by your loved one. But it doesn’t have to be a journey you take alone.
From filing the initial petition to securing the court’s final distribution order, each step of the probate process has rules, deadlines, and paperwork that matter. Getting them right from the start protects the estate and the people who should inherit it.
At the Law Offices of Daniel A. Hunt, our experienced probate attorneys have helped countless California families navigate probate with clarity and confidence. Whether you’re just starting out or you’ve hit a snag along the way, we’re here to help.
Ready to get started? Contact our firm today to schedule a no-cost initial consultation. We’ll walk you through your specific situation, answer your questions, and help you figure out the best path forward.
Frequently Asked Questions
Q: How long does the California probate process take from start to finish?
A: The California probate timeline typically runs between 9 and 18 months for a straightforward estate. More complex cases (like those involving real estate disputes, contested wills, creditor claims, or tax issues) can take two years or longer. The mandatory four-month creditor notice period alone accounts for a significant chunk of the timeline, regardless of the estate’s size.
Q: Do all estates have to go through probate in California?
A: Not all estates require probate. In California, if the decedent’s personal property is valued at $239,700 or less, successors may be able to use a simplified Small Estate Affidavit to collect assets without going to court. Under AB 2016, a primary residence valued at $750,000 or less can also bypass traditional probate, provided the remaining personal property stays within that $239,700 limit. Assets with named beneficiaries, jointly held property, and assets held in a living trust typically pass outside probate as well.
Q: What happens if someone dies without a will in California?
A: When someone dies without a will in California (called dying “intestate”), the state’s intestate succession laws determine who inherits the estate. Assets are generally distributed to the closest living relatives in a set order: spouse, children, parents, siblings, and so on. The court appoints an administrator to manage the estate, and the California probate timeline and steps remain largely the same as when a will exists.
Q: Can I speed up the California probate process?
A: Some steps in the California probate timeline are set by law and can’t be shortened, like the four-month creditor notice period. However, you can avoid unnecessary delays by filing accurate paperwork from the start, responding promptly to court requests, and staying on top of estate accounting. Working with an experienced probate attorney helps keep things moving and reduces the risk of costly mistakes or missed deadlines.
Q: How much does an attorney charge for California probate?
A: California law sets statutory attorney fees based on a percentage of the gross estate value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and so on. These fees are set by statute, not negotiated. Executors receive the same fee schedule. Additional costs like court filing fees, publication fees, and probate referee fees also apply. Understanding the full cost picture early on helps families plan ahead.
