California probate usually takes 9 to 18 months from filing the petition to final distribution, according to the California Courts. The house can often be sold well before the case closes, and once the executor has legal authority to sell, the sale itself can close in a few weeks. Contested or complicated estates take longer.
TLDR
- California probate typically takes 9 to 18 months, and estates with disputes, missing heirs, or a federal estate tax return often run longer.
- The first probate hearing is set 15 to 30 days after the petition is filed, or 30 to 45 days if the petitioner asks for the later window.
- Creditors get four months after letters are issued to file claims, so almost no formal probate in California closes in under five months.
- An executor with full authority can sell the house after 15 days’ notice to heirs, while limited authority requires a court confirmation hearing.
- Estates worth $208,850 or less, and primary residences worth $750,000 or less, can use shorter procedures for deaths on or after April 1, 2025.
Most families walk into probate expecting it to take a couple of months, and then the first court date turns out to be weeks away, the creditor window adds four months after that, and the property tax bill for the house keeps arriving in the name of someone who is gone.
If you’ve lost a parent and their house is now part of an estate, we’re so sorry, and we know this paperwork shows up at the hardest possible time.
Most of the probate calendar in California is set by law, and once you can see those deadlines in order it gets a lot easier to plan around them. That includes the house, which can usually be sold long before the case closes.
This guide sticks to timing. What probate costs and avoiding probate with a trust each have their own guides, and our full probate selling guide walks through the whole process.
How long does probate take in California?
California probate usually takes 9 to 18 months from filing the petition to final distribution, and the California Courts self-help guide notes that some estates take even longer.
The range is wide because the Probate Code sets minimum waiting periods and filing deadlines rather than a finish date, so every estate moves through the same stages at its own speed. Here is how those stages line up for a typical formal probate in California.
| Stage | What happens | Timing under California law |
| Petition filed to first hearing | The clerk sets a hearing, and notice is mailed to heirs and published in a local newspaper | 15 to 30 days after filing, or 30 to 45 days on request (Probate Code §8003) |
| Letters issued | The court appoints the executor or administrator, and letters give that person legal authority to act | After the hearing, once the order is signed and any required bond is posted |
| Creditor claim period | Creditors file claims against the estate | 4 months after letters, or 60 days after mailed notice, whichever is later (§9100) |
| Inventory and appraisal | A probate referee values the house and other non-cash assets | Due within 4 months of letters (§8800) |
| Final distribution or status report | The executor asks the court to approve distribution, or reports why the estate isn’t ready | Within 1 year of letters, or 18 months if a federal estate tax return is required (§12200) |
| Final hearing | The judge approves the final account and distribution to heirs | Set by the county court’s calendar |
The legal minimums alone add up to roughly five months, since the first hearing is at least 15 days out and creditors then get four months after letters are issued. Very few estates finish that fast, because real people have to find documents, value property, pay bills, and agree on what happens next.
The one-year mark is a deadline, not a finish line
Within one year of receiving letters, a California executor has to either petition for final distribution or file a status report explaining why the estate isn’t ready, under Probate Code §12200.
That’s where the idea that probate takes a year comes from, and it holds up reasonably well for a simple estate with a will, heirs who get along, and no fights with creditors. If the estate has to file a federal estate tax return, the deadline moves to 18 months. A status report isn’t a penalty either, it tells the judge where things stand and keeps the case moving, so plenty of estates file one and close a few months later.
Why some probates in California take two years or more
A California probate stretches past 18 months when something forces the court to step in, slow down, or wait on someone.
- Heir disputes or a will contest. Any objection means another hearing, and there’s a separate guide on when heirs don’t agree.
- Missing or hard-to-reach heirs. Every heir has to receive notice, so one heir nobody can find holds up the whole schedule.
- Estate debts. Valid creditor claims have to be dealt with before distribution, and a disputed claim can drag on after the four-month window closes.
- Limited authority. Every real estate sale needs its own court confirmation hearing, which adds another date to the calendar.
- A federal estate tax return. Estates large enough to need one get 18 months instead of one year under §12200.
Court calendars vary from county to county too, so the same estate can move faster in one courthouse than another, and families in Orange County can check our guide to Orange County probate timelines for the local picture.
How long does probate take in California without a will?
Probate without a will in California follows the same stages and deadlines, but opening the case usually takes longer.
With no will naming an executor, the court appoints an administrator following the priority order in Probate Code §8461, which starts with a surviving spouse or domestic partner and then the children. California’s intestate succession rules decide who inherits, and every one of those heirs has to be identified and given notice before the first hearing. The administrator also has to post a bond unless every beneficiary waives it in writing under Probate Code §8481, and a will often waives bond on its own. Collecting those signatures from siblings in three different states can take weeks before anyone files anything.
Once letters are issued, the rest of the timeline runs the same way it would with a will, and there’s more detail in our guide to probate without a will.
How long does it take to sell a house in probate?
Selling a house in California probate usually takes a few weeks once someone has legal authority to sell, and that authority depends on the letters the court issued and the type of administration it granted.
With full authority, a sale can close after 15 days’ notice
An executor with full authority under the Independent Administration of Estates Act can sell without a court hearing. The executor sends a Notice of Proposed Action to the heirs at least 15 days before the sale is completed (Probate Code §10586), and if nobody objects, escrow finishes on whatever schedule the buyer needs.
With limited authority, the court confirms the sale
Limited authority doesn’t include the power to sell real property (Probate Code §10403), so the sale has to be confirmed at a court hearing where other buyers can show up and bid. An overbid has to beat the accepted offer by 10 percent of the first $10,000 plus 5 percent of the rest under §10311, which means a $600,000 accepted offer can only be topped by a bid of $630,500 or more. When that hearing lands depends on the county’s calendar, and our post on court approval to sell covers the process in more detail.
The buyer matters too. A buyer with a mortgage has to get through appraisal and loan underwriting before closing, and a cash buyer doesn’t, which is the main reason cash escrows usually close in two to three weeks.
Leslie and her sister inherited their father’s home in Burbank, in Los Angeles County, while both of them lived out of state, and the house had foundation problems and decades of their dad’s belongings still inside. Their probate attorney handled the court side, and once the estate was ready to sell, Mrs. Property Solutions closed the purchase in 21 days at the exact amount in the original offer. The probate case was the long part.
Selling doesn’t end the probate, since the sale money usually stays in the estate account until the court approves distribution, but it does stop the mortgage, property taxes, insurance, and upkeep from coming out of the estate every month, and there’s more on selling before probate closes if you’re weighing that step.
Ways to shorten a California probate timeline
The biggest time savings in California come from qualifying for a shortcut that avoids formal probate altogether.
For deaths on or after April 1, 2025, an estate worth $208,850 or less in total can use the small estate procedures after a 40-day wait, and real property worth $69,625 or less has its own affidavit with a six-month wait, according to the Riverside court’s small estate chart. Those limits adjust every three years under Probate Code §890, so the next change is due in 2028.
The newer option is the one most families haven’t heard about. Since April 1, 2025, when a parent’s primary residence in California is worth $750,000 or less, the heirs can wait 40 days and petition the court to transfer it to them under Probate Code §13151, without opening a full probate. The value comes from a probate referee, so it’s worth confirming before counting on it.
When the estate does need formal probate, a few habits keep it from dragging:
- File the original will with the court right away, since California requires it within 30 days of the death.
- Ask for full authority under the Independent Administration of Estates Act in the petition, so selling the house doesn’t need a separate confirmation hearing.
- Collect written bond waivers from every beneficiary before the petition is filed.
- File the inventory and appraisal early instead of waiting for the four-month deadline under Probate Code §8800.
- Ask the beneficiaries to sign a waiver of the final account, which the California Courts list as an option at the closing stage.
None of these skip the four-month creditor window, and a probate attorney can tell you which ones fit your estate.
Selling now or waiting for probate to close
Whether to sell the house during probate or hold it until the case closes is its own decision, and it comes down to carrying costs, the condition of the house, and whether the heirs agree.
If the house is in good shape, the family is on the same page, and the estate can cover the mortgage, taxes, and insurance for a few more months, listing it with an agent will usually bring the highest price, and the time on market fits inside a probate that’s running anyway. When the house needs work, sits empty, or nobody can manage it from where they live, this guide to your selling options in probate lays out each path side by side.
If you’d like to talk through your timeline
By now you probably have a clearer picture of the calendar and still a long list of decisions ahead, and that’s a normal place to be.
Mrs. Property Solutions is a female-owned, mom-and-pop cash home buyer in Los Angeles County, and we buy houses in probate as-is, working alongside the estate’s attorney so the court side and the sale side stay in step. We’ll handle the cleanout and the paperwork on our end, you choose the closing date, and what we offer is what you get.
Since 2016 · 150+ homes purchased · 50+ five-star reviews · Local to LA County · No repairs, no commissions · The offer we make is the offer we honor
Call us at (626) 344-9579 or request a cash offer online. Asking for a number doesn’t commit you to anything.
Frequently Asked Questions
Can a house be sold before probate is finished in California?
Yes. An executor or administrator can sell the house once the court issues letters and grants authority to sell real property. With full authority under the Independent Administration of Estates Act, the sale can close after 15 days’ notice to heirs. With limited authority, the court must confirm the sale at a hearing first.
How long do creditors have to file claims in California probate?
Four months after letters are first issued, or 60 days after notice of administration is mailed to the creditor, whichever is later, under Probate Code §9100. A California estate generally can’t be distributed until that window has passed, which is why very few formal probates close in under five months.
Does probate take longer in California without a will?
Usually, yes. The stages are the same, but the court has to appoint an administrator under the priority order in Probate Code §8461, every heir must be identified under intestate succession rules, and a bond is required unless all beneficiaries waive it in writing. Missing or disputed heirs add the most time.
How much time does a probate court confirmation hearing add?
Timing depends on the county court’s calendar. With limited authority, the executor petitions the court to confirm the sale, a hearing is set, and other buyers can overbid there. California requires an overbid of at least 10 percent on the first $10,000 and 5 percent above that, under Probate Code §10311.
When do heirs receive money from a probate house sale?
At final distribution, in most cases. Sale proceeds usually stay in the estate account until the court approves distribution. California requires the executor to petition for final distribution, or file a status report, within one year of receiving letters under Probate Code §12200, or 18 months if an estate tax return is required.
Can a small estate skip probate in California?
Yes, if it qualifies. For deaths on or after April 1, 2025, estates worth $208,850 or less can use simplified procedures after a 40-day wait. A primary residence worth up to $750,000 can transfer through a shorter court petition under Probate Code §13151, without opening a full probate.
How fast can a cash buyer close on a probate house?
Often in two to three weeks, once the estate has authority to sell and any required notice period or confirmation hearing is complete. Cash buyers skip lender appraisal and underwriting. Mrs. Property Solutions closes in as fast as 14 days in most transactions, and the seller chooses the closing date.
Disclaimer: This article explains how probate timelines generally work in California. It isn’t legal or tax advice, and court procedures and calendars vary by county. Talk to a California probate attorney about your specific estate.