Probate Timeline & Process Overview

A Visual and Practical Guide to How Probate Actually Unfolds

Probate is not a single event—it is a process that unfolds in stages over time. Understanding the overall timeline helps reduce anxiety, set realistic expectations, and prevent costly mistakes.

This addendum provides a clear, step-by-step overview of what typically happens during probate in California, from the moment of death through final closure.

The Probate Timeline at a Glance

Most California probates take 9 to 18 months, depending on:

  • Estate complexity
  • Whether real estate is involved
  • Court schedules
  • Creditor activity
  • Cooperation among heirs

Phase 1: Immediate Actions

(Weeks 1–2)

Focus: Stabilization and information gathering

What Happens

  • Death is legally recorded
  • Property is secured
  • Family notified
  • Documents gathered
  • Death certificates ordered

Phase 2: Opening Probate

(Weeks 3–8)

Focus: Court involvement begins

  • Petition for probate filed
  • Notice published
  • Heirs and beneficiaries notified
  • Probate hearing held
  • Executor or administrator appointed

Key milestone: The court issues Letters Testamentary or Letters of Administration, granting legal authority to act on behalf of the estate.

Phase 3: Inventory & Valuation

(Months 2–4)

  • Estate bank account opened
  • Assets identified and documented
  • Probate referee appointed (if required)
  • Assets appraised
  • Inventory and Appraisal filed

This phase determines estate value, fees, tax exposure, and distribution amounts.

Phase 4: Creditor Claims

(Months 3–6)

  • Creditors file claims
  • Claims reviewed
  • Valid debts paid
  • Invalid claims rejected

Phase 5: Estate Administration

(Months 4–9)

  • Ongoing expenses paid
  • Property maintained or sold
  • Taxes filed
  • Records maintained
  • Beneficiaries updated

Phase 6: Final Accounting

(Months 9–12)

  • Final accounting prepared
  • Petition for final distribution filed
  • Beneficiaries notified
  • Court hearing scheduled

Phase 7: Distribution & Closure

(Months 12–18)

  • Court approves accounting
  • Assets distributed
  • Receipts collected
  • Estate closed
  • Executor discharged

Once complete, probate officially ends.