California Probate Timeline: What Happens When

Every estate is different, but California probate follows a predictable arc. The ranges below are measured from the initial filing and reflect an uncontested, reasonably typical estate.

Phase 1 — Opening the estate (months 0–4)

Probate starts when the Petition for Probate (Form DE-111) is filed with the superior court of the county where the decedent lived, and the court sets a hearing — usually held one to three months after filing. If the petition is granted and nothing is contested, the court appoints the personal representative and issues the key paperwork: letters testamentary (when there's a will) or letters of administration (when there isn't), the order for probate, duties and liabilities forms, and a bond if the court orders one.

Phase 2 — Notices, inventory, and appraisal (months 2–8)

Once appointed, the personal representative gives formal notice to creditors, who generally have four months from the issuance of letters to file claims. Notice may also be required to state agencies — the Department of Health Care Services if the decedent received Medi-Cal benefits, and the Franchise Tax Board if an heir lives out of state. In the same window, the representative prepares the inventory and appraisement: a complete list of the estate's assets, with values set by the court-appointed probate referee.

Phase 3 — Debts, taxes, and interim decisions (months 6–12)

With claims and values on the table, the representative allows or rejects each creditor claim, files the decedent's and the estate's tax returns, and pays what's owed. When the estate is liquid enough, the court may permit preliminary distributions to beneficiaries before the estate formally closes. Special filings — such as a claim of exemption when assets pass to a minor — also land in this stretch.

The home sale runs in parallel

The single most useful thing to know about the timeline: the real estate does not have to wait for the end. Once the representative is appointed, the home can be prepared, listed, and marketed, and offers can be accepted — escrow simply can't close until letters are issued and, under Limited Authority, until the court confirms the sale. Handled this way, the sale proceeds arrive when the estate needs them for taxes, claims, and distributions instead of adding months at the end. See Full vs. Limited Authority for how the two tracks differ.

Phase 4 — Closing the estate (months 8–18)

Once claims are resolved and tax clearances are in hand, the representative files the petition for final distribution and accounting — a detailed report of everything received and spent. The court holds a hearing, approves the accounting, and issues an order for distribution. Assets are then distributed to the heirs and beneficiaries, and the representative receives a final discharge, formally closing the probate.

Typical timing at a glance

If the estate qualifies for a simplified procedure — a small-estate petition, a spousal property petition, or a Heggstad petition — much of this timeline can be bypassed entirely. Our FAQ covers the exceptions.