Why does probate in California take so long?

Generally, going through probate in California takes 18-24 months. This is because there are certain steps that need to be taken and certain hearings that must take place in order to complete a probate proceeding. (Side note: probate is the name of the court. It’s not a separate “thing.”)

When an estate goes through probate, there are four primary things that happen: 1) valuing the assets of the person who died; 2) figuring out the debts of someone who died; 3) finding the heirs and/or beneficiaries of the person who died; and 4) transferring the title of any assets to someone who is alive.

Note that the following is a generic summary. It should not be used as legal advice. Every case and every family is different.

First, the court needs to officially an executor (of a will) or administrator (if there is no will). This requires an initial petition of the person who wants to take on that role. It involves filing the petition, publishing in a local newspaper, and a hearing. The hearing may be 2 or 4 or 6 months out depending on how busy the court is at that point in time.

Once the executor or administrator is named, that person will be responsible for sending notice to all the creditors (debts) and resolving them. Creditors generally have 4 months from the date that the administrator was named or 60 days after the notice is sent to the creditor – whichever is later.

There will be an assessment of the assets (dollar value of the bank accounts, and a valuation of any real property or collectibles or stocks). This may involve a probate referee, who has 60 days from the date of the request to provide a valuation of non-cash assets.

Any debts or creditors must be resolved before anyone receives anything. All assets must be collected and put into one place (which will depend on the type of assets).

There may be other steps that need to be taken or requests from the court. Perhaps a house needs to be sold and the court may require oversight of the sale (or the court may not!).

It’s likely that tax returns will need to be filed. This may include the decedent’s final tax return as well as tax returns for the estate of the person who died. (Estates often have to file returns, even if they don’t owe any money.) There may be other tax documents that need to be filed.

Once all debts are resolved and all assets are collected, then there’s another petition with the court for the distribution of assets. This involves a hearing that may be several months from the date the petition is filed. The distribution may require holding back money to pay for a final tax return. If so, then usually the distribution happens, a final tax return is filed, and then there’s a final filing with the court to discharge the executor/administrator.

All of these things take time. Partly it has to do with how busy the court is, and partly it’s just that figuring out debts and assets takes time. This is usually not someone’s only job, so things are slower.

As with all cases and individuals, everything varies depending on the documents, assets, and debts. The specific time frame and what needs to happen will vary. The above is not legal advice.

If a loved one has died, please contact me for a consultation.