Everyone wants to know: “How long will this probate take?”
Completely normal situations, like selling estate property or dealing with stock certificates, can add delays. However, a basic probate case can close in about a year with attentive support staff. Please note that the COVID backlog persists which together with court under-staffing cause 3-6 month delays at many courts. Here’s a breakdown.
Petition for Probate (2-3 months)
Begin the probate case by filing a petition for probate with a California Superior Court. You’ll start by gathering documents and estate information. Some things, like names and addresses, you’ll know right away. Other information may take more time and effort to discover. We use your information to prepare your Petition for Probate and supporting documents and help with filing. Upon receiving your petition, the court will assign a hearing date one or two months away. We’ll help you with your notice and publication, which happens before the hearing.
Letters, the Creditors Window, and the Inventory (4-6 months)
The Letters document is stamped with a date, generally the date of the hearing, and this starts a 4 month window under Probate Code § 9150 for creditors to make claims against the estate. There’s much to do while you wait for the window to close however. You notify the known creditors of the last day they may make claims, which begins a 60-day countdown. Done right, the 60-day countdown occurs during the 4-month delay.
Your assigned probate referee has 60 days to appraise the estate property or to notify you of their delay. So send that appraisal form soon as well. Next consolidate those assets into an estate savings account with its own tax ID. We’ll help you to notify public agencies of the death too. Lots to do!
Petition for Final Distribution (4-6 months)
When all tasks and countdowns have been completed, you’ll prepare your Petition for Final Distribution. As you learned with your first petition, It can take weeks to gather facts, prepare the documents, and file the documents with your court, so we’ll help you start early if possible. Then you’ll be assigned a hearing date for the court to review this new petition, likely another 2 or more months out. We’ve seen longer waits at some courthouses recently so be prepared to wait.
Final Distribution and Ex Parte Petition (2-4 months)
You can distribute the inheritance as soon as your judge signs your Order for Final Distribution. It could be a few days, or even a month, before you receive your copy. Transfers of real property require additional time and documentation. Distribution complete? You’ll prove it with receipts. Get them signed and filed along with your Ex Parte Petition and Order for Final Discharge. Upon final signature, you’re done! Case closed.
As you can see, there is a lot of waiting in every probate. There is often much to do, and communication with your support staff is critical to know where you are in the probate, what’s due, and what’s coming up next. At SmartProbate, we review every case every week, even while waiting, to stay on top of things. Contact us today to see what we can do to keep your case moving to completion!