How Long Does Probate Take in California?

Probate in California typically exceeds the one-year legal timeline due to various delays like court backlog and estate complexities. Beneficiaries usually wait 8–12 months or longer for inheritance. Expert estate planning and using non-probate assets can significantly shorten this process.

• Probate often exceeds the one-year target, especially in Southern California.
• The timeline includes five major court-related steps, with hearings and claim periods.
• Complications such as will disputes or tax filings can delay distributions.
• Non-probate assets (joint tenancy, community property, trusts) avoid delays.
• Legal guidance is crucial for efficient estate settlement and asset protection.

Probate is rarely a simple process in California. As such, it often takes quite some time to complete. Although state law places a nominal one-year timeline on probate, circumstances often extend it beyond that deadline.

There’s no defined answer to “how long to get an inheritance after probate.” The process simply depends on too many factors. That said, it’s understandable that both potential beneficiaries and individuals facing the ends of their lives want to have a better grasp of how the process unfolds.

In this blog, we will walk you through what to expect from probate. We’ll also look at what typically prolongs probate and how expert legal counsel can help you avoid some of its complications.

How Long Does a Grant of Probate Take?

Probate begins with the appointment of an executor or administrator. This individual must gather the assets of the estate, pay liabilities and debts, settle creditor claims, issue beneficiary payouts, and close the estate.

All things being equal, the administrator has 12 months to complete the process under California law. However, issues that can extend probate past that date include court workload, the need to file federal estate tax, and challenges to any aspect of the decedent’s will or changes made to a revocable or decantable living trust.

In the greater Los Angeles area (and much of Southern California), even fairly straightforward probate cases often take eight months to a year. Complex estates and/or those involving challenges may see their probate drag out for up to two years.

Key Points on the Probate Timeline

If wondering, “How long after probate is granted will I get my money,” be sure to understand the following five steps:

1. Filing a petition for probate: After the prospective executor or administrator and their lawyer submits this to the relevant California district court, it will be six to eight weeks before a hearing occurs.
2. Petition hearing: The court hears the petition for probate, and if everything is in order, the judge grants the petition. The probate timeline technically begins now.
3. Letters: These further formalize the executor or administrator’s appointment. Afterward, the executor or administrator contacts the estate’s potential beneficiaries and creditors. Both groups have four months (120 days) from the time they receive notice to make claims against the estate or challenge any portion of the will (or the court’s plan for distribution, in intestate-decedent cases).
4. Petition for final distribution: The executor or administrator files this with the court, and typically waits eight weeks for a relevant hearing.
5. Distribution hearing: Like No. 2 on this list, this proceeding usually occurs uneventfully. The court hears and most likely grants the petition, after which the executor or administrator can distribute estate funds as needed. (If there are challenges, these will be in separate hearings.)

Once Probate Has Been Granted, What Happens Next?

Per the timeline described above, probate takes roughly eight months, assuming no delays and proper completion of all procedural steps. In a perfect world, every probate timeline would unfold like this.

How Long After Probate Can Funds Be Distributed?

If there were no complications along the way, beneficiaries would receive whatever assets the will (or probate court) deems eligible for soon after the distribution hearing. (It’s safe to assume a few weeks for any paperwork that requires beneficiary signatures to be sent and completed, and to account for sending checks, property deeds, and other proofs of asset ownership.)

But in practice, events rarely occur exactly as planned. Challenges, federal estate tax processes (for estates worth over $14 million) and assets with unclear beneficiaries (particularly for intestate deaths) all add months and sometimes years to probate.

Getting the help of an experienced estate planning attorney is key in making sure this does not drag out for an unreasonably long period of time.

How Non-Probate Assets Can Help Heirs Avoid Long Probate Processes

Owning non-probate assets gives you access to one of the simplest ways to sidestep probate. Specified beneficiaries can often receive such assets shortly after the decedent’s passing and the receipt of a valid death certificate.

By the terms of California probate law, any property that is not personally (and solely) owned by the decedent is deemed non-probate property. Community property or assets owned under joint tenancy can range from automobiles to personal goods, life insurance policies, real estate, and transferable-on-death bank accounts.

In California, many of the provisions that protect community property from probate are for the benefit of spouses and/or registered domestic partners, though joint tenancy can involve non-familial third parties. Estates worth less than $208,850 can also avoid a probate rigmarole if their personal representative requests they be processed via the small estate administration principles.

Lastly, living trusts established prior to death can shield assets from probate, and they can protect most asset types. Because every family dynamic is different, an experienced estate planning attorney can help you determine what arrangement is best for your situation.

When the decedent passes, non-probate assets are almost instantly transferred to their beneficiaries.

The Value of Expert Estate Planning

Few aspects of estate planning are the least bit simple, but probate stands out as one of the most complicated. You and your personal representative should enlist an estate lawyer with considerable experience in probate.

An attorney with this skill set can draft all essential estate documentation in accordance with all applicable laws. They’ll also provide the counsel and empathy that you will need during such a complex and fraught process. Contact us today for a free consultation.