How Long Does The Probate Process Generally Take?

How Long Does Probate Take in California?

For very simple estates with no debts or disputes, probate in California may take as little as 4 to 6 months. However, this is the exception—not the rule. The average timeline is 18 to 24 months, and some cases take even longer due to:

• Court backlog and hearing delays

• Required notices to creditors

• Family disputes over distribution

• Delays with appraisals, asset sales, and tax clearances

Where Is Probate Filed in California?

Under California Probate Code §7051, probate is filed in the Superior Court of the county where the decedent was domiciled at the time of death.

• If the person died in Los Angeles, the case is filed in the Los Angeles County Superior Court – Probate Division.

• If they died in Orange County, the case is filed in Orange County Superior Court – Central Justice Center in Santa Ana.

How Much Does Probate Cost?

Probate fees in California are set by statute and are based on the gross value of the estate (before subtracting debts). Under California Probate Code §10810, the fee schedule is:

• 4% of the first $100,000

• 3% of the next $100,000

• 2% of the next $800,000

• 1% of the next $9 million

• 0.5% of the next $15 million

Both the attorney and the personal representative (executor or administrator) are entitled to receive these fees.

Example: For a $500,000 gross estate:

• Attorney statutory fee: $13,000

• Executor statutory fee: $13,000

• Total: $26,000 plus court costs and any extraordinary services

Extraordinary Fees – Probate Code §10811

Additional compensation may be awarded for:

• Selling real estate

• Preparing tax returns

• Resolving disputes

• Managing complex assets or businesses

Why Is Probate So Challenging?

Probate has a reputation for being slow, costly, and contentious. Here's why:

• Delays: Mandatory waiting periods for creditor claims (Probate Code §§9050–9100) slow down the process.

• Public Access: All probate filings are public, including inventories and distributions.

• Family Disputes: Heirs may argue about delays, percentages, or perceived unfairness.

• Administrative Burdens: Executors must gather assets, file court forms, publish notices, and obtain approvals.

Even in an uncontested case, the court may instruct the executor not to make distributions for up to a year.

Is Probate Public?

Yes. Probate court records become public and are accessible under the California Public Records Act. These may include:

• Petitions for probate

• Inventories and appraisals (Form DE-160)

• Beneficiary information and final distributions

These records can expose families to privacy loss and unsolicited marketing.

How to Avoid Probate in California

With proactive planning, probate can often be avoided entirely. Strategies include:

• Establishing a revocable living trust

• Using joint tenancy or community property with right of survivorship

• Recording a transfer-on-death (TOD) deed for real estate

• Naming pay-on-death (POD) beneficiaries on financial accounts

Schedule a Free Probate Consultation

We help California families streamline or avoid probate. Get peace of mind with expert legal guidance.

Call (949) 305-8642 or visit www.jamesburnslaw.com to schedule your free consultation.

© Law Office of James Burns – All rights reserved. This page is for informational purposes only and does not constitute legal advice.