When a beloved loses their life, their property will have to face the law for distribution, a process called probate. How long an estate can be left open after one’s death in California is answered by many aspects, such as the intricacies of the property, disputes surrounding it, and the speed with which probate takes place. If you have an estate being managed in California, a professional like Angelique Friend who knows probate issues can assist in making the process smoother.

The Typical Probate Timeline in California


Probate in California generally takes 9 to 18 months to finish. Nevertheless, certain estates take longer because of complexities in the law, claims by creditors, or disputes within the family. Here is a breakdown of the typical timeline:

  1. Filing the Petition (1-2 months): Probate begins with the filing of a petition with the court.

  2. Executor’s Appointment (2-3 months): A court appoints an executor or administrator to manage the estate.

  3. Notification of Creditors and Payment of Debts (4-6 months): The creditors have to be notified, and debts need to be settled.

  4. Inventory of Assets and Appraisal (6-9 months): The executor makes a list of assets and gets them appraised.

  5. Asset Distribution (9-18 months): Once debts are paid and taxes are assessed, the other assets are shared by heirs.

  6. Estate Closes (12-24 months, if required): The final accounting is filed with the court by the executor, and the estate is closed.

 Things That Can Slow Up Probate

  1. Beneficiary Disagreements

If beneficiaries or heirs dispute the will or object to asset distribution, the estate could be open for many years.

  1. Real Estate Complications

Probate is slowed by selling a house or other real property, particularly where there are problems like outstanding mortgages or co-owners.

  1. Outstanding Debts and Taxes

If the deceased had large debts or outstanding tax problems, probate may be longer. The estate needs to settle all financial debts before distributing assets.

  1. Missing Heirs or Beneficiaries

If an heir is missing, the court might need additional time to locate them before distributing assets.

 Can You Keep an Estate Open Indefinitely?

Although there is no hard deadline to close an estate in California, the probate court does anticipate that executors will move expeditiously. If probate is open for a number of years with no movement, the court will step in and compel the executor to report or take steps to close the estate.

 What If You Want to Close the Estate Early?

If you’d prefer to skip a long probate process, here are your options:

– Living Trusts: Property left in a living trust is not subject to probate and goes directly to the beneficiaries.

– Joint Ownership: Property held jointly (with the right of survivorship) goes directly to the co-owner.

– Small Estate Affidavit: If the estate is worth less than $184,500, a simpler procedure may be in effect.

 Get Expert Help with Probate

Probate can be a frustrating and time-consuming process. Should you require aid in closing out an estate, Angelique Friend is a seasoned California probate specialist who can help you navigate through the legal procedure efficiently. Phone her today so that your deceased loved one’s estate can be resolved smoothly and promptly.

Most estates in California are closed within 9 to 18 months, but there are complications that may delay the process. Executors are encouraged to close the estate quickly to prevent legal issues and further expenses. For probate guidance and assistance, contact Angelique Friend for expert advice and assistance.