Short answer: a full probate in California typically takes 9 to 18 months, and longer if there is a dispute or a property sale. Shorter routes are set by different waiting periods: they can take a few weeks (a joint-tenancy affidavit has no waiting period; a small-estate affidavit has a 40-day wait) to six months or more for a small-value real property affidavit.
Full probate follows a fixed sequence of legal waiting periods
These are the main steps of a California probate, with the waiting period the law sets for each:
| Step | What the law sets | Probate Code |
|---|---|---|
| File the petition | The court sets a hearing 15 to 30 days after filing (30 to 45 days if the petitioner asks). This is when the hearing is set, not when letters issue | §8003 |
| Mail notice | Notice is mailed to heirs and beneficiaries at least 15 days before the hearing | §8110 |
| Publish notice | Published three times in a newspaper, the first at least 15 days before the hearing | §8121 |
| First hearing and letters | The court appoints the personal representative. Letters issue after the order is signed, any bond is filed, and the personal representative signs the Duties and Liabilities acknowledgment (DE-147, §8404) | — |
| Creditor claim period | Claims are due by the later of 4 months after letters, or 60 days after notice is mailed to that creditor | §9100 |
| Inventory and appraisal | Due within 4 months after letters, with the probate referee valuing non-cash assets | §8800 |
| Preliminary distribution | May be requested no earlier than 2 months after letters | §11620 |
| Final distribution or status report | Within 1 year after letters (18 months if a federal estate tax return is required), the personal representative files either a petition for final distribution or a report on why the estate is still open | §12200 |
Other periods run alongside these. Someone who wants to contest a will after it is admitted has 120 days (§8270). A personal representative acting under independent administration gives 15 days' notice before many actions, such as selling a house (§10586).
One year is a check-in, not a deadline to finishSection 12200 does not require probate to be finished within a year. It requires the personal representative to either ask to close the estate or tell the court why it is still open.
Most of the time in probate is spent waiting on the court and on creditors
Put together, a straightforward estate typically looks like this:
- Weeks 1 to 8: the petition is filed, notice is mailed and published, and the first hearing takes place. Some courts set hearings further out than others.
- Months 2 to 6: letters issue, the creditor period runs, and the probate referee appraises the assets for the inventory.
- Months 6 to 12: debts and taxes are paid, property is sold if needed, and the final petition is prepared.
- Months 9 to 18: the final petition is heard, the court orders distribution, and the estate is closed.
These ranges are typical, not set by law, and vary by court; many courts set the first hearing later than the 15–30 days in §8003.
Disputes, a house sale, missing heirs, and tax returns are the usual reasons an estate runs past 18 months. The cost of probate also grows with each extra petition.
A shorter route can finish in weeks or months instead of a year
Many estates do not need full probate. Each shorter route has its own minimum wait:
| Route | Who it fits | Minimum wait | Court involvement |
|---|---|---|---|
| Small-estate affidavit (§13100) | Estate of $208,850 or less (deaths on or after April 1, 2025) | 40 days after death | None. Each holder releases the asset on its own schedule |
| Small-value real property affidavit (§13200) | All California real property together worth $69,625 or less (deaths on or after April 1, 2025) | 6 months after death | Filed with the court clerk after a referee appraisal. No hearing |
| Succession petition for a home (§13151) | Primary residence of $750,000 or less (deaths on or after April 1, 2025) | 40 days after death, then notice and a hearing | One hearing, after a referee appraisal (§13152) and notice (§13153); heirs are notified within 5 business days of filing (§13151(b)) |
| Spousal property petition | Property passing to a surviving spouse or registered domestic partner | Notice period before the hearing | One hearing |
| Affidavit – Death of Joint Tenant | Real property held in joint tenancy, after the first owner dies | None | None. Recorded with the county recorder |
| Full probate | Everything else | Typically 9 to 18 months in total | Several hearings |
Only the small-estate affidavit and the joint tenancy affidavit can finish in a matter of weeks. Each route depends on how the assets are titled and their value; you choose the route, and your LDA prepares it at your direction. See California small-estate limits for thresholds that apply to earlier dates of death.
Not sure which path is yours?
Answer a few questions about the estate — it takes about 2 minutes.
A living trust usually keeps the home out of probate, unless it was never put into the trust
Assets held in a living trust are handled by the successor trustee, usually without court involvement. See how to settle a trust in California.
If the house was meant to be in the trust but the deed was never changed, it may need a court order before the trustee can deal with it. A Heggstad petition is one way to get that order without opening a full probate.
A will does not make probate faster
A will decides who inherits and can waive the bond. It does not decide whether probate is needed. That depends on how each asset is titled and what it is worth. An estate with a will can still need full probate, and an estate without one can still qualify for a short route.
Knowing which route applies tells you the real timeline
Because each route has its own waiting period, the quickest way to know your timeline is to find out which route fits. Answer a few questions about the assets, how they are titled, and their value. A registered California Legal Document Assistant then prepares the filings at your direction and tracks each deadline. An LDA is not a lawyer, and if your situation needs legal advice, your LDA will tell you.
Start with Do I Need Probate in California? or answer the questions above.