How Long Does Probate Take in California? (2026)

A straightforward California probate takes about 9 to 18 months from start to finish. Complicated estates, will contests, or a backed-up court can push it to two years or more. Even a simple estate rarely closes in under 8 months because of mandatory waiting periods built into the law.

If you're an executor trying to plan around the timeline, here's where the months actually go, what speeds it up, and what almost always slows it down.

The stage-by-stage timeline

These overlap, which is why the total is 9 to 18 months and not the sum of every line.

Bay Area county-by-county reality check

Not every California county runs probate at the same speed. In 2026 the practical timelines we see in the Bay Area look like this:

• San Francisco County. Initial hearings set 8 to 12 weeks out. Department 204 is efficient on uncontested matters. Total: 10 to 14 months for a clean case.
• Santa Clara County (San Jose). One of the busier dockets in the state. First hearings often 10 to 14 weeks out. Plan on 12 to 18 months.
• Alameda County (Oakland). Hearing setting at the Hayward Hall of Justice is currently 8 to 12 weeks. 11 to 16 months is typical.
• Contra Costa County (Martinez). Smaller volume, faster scheduling. First hearings often inside 6 to 8 weeks. 9 to 13 months is realistic.
• San Mateo County (Redwood City). Detail-focused examiners; clean filings move, sloppy filings get continued. 9 to 14 months.

Why it can't go faster than about 8 months

Two waiting periods set the floor:

• The court calendar. In busy counties, just getting your first hearing date can take 2 to 4 months. The Bay Area courts are among the busier ones.
• The 4-month creditor period. Once Letters Testamentary or Letters of Administration are issued, Probate Code § 9100 gives creditors 4 months to file claims. You generally can't distribute assets until this window closes. The executor has to publish notice in a newspaper of general circulation plus send direct notice to known creditors.

Add the probate referee's appraisal (60 to 120 days from appointment) and the final accounting hearing (another 60 to 120 days after the petition is filed), and even a perfect estate lands around 8 to 12 months.

When you don't need full probate

A lot of California estates skip formal probate entirely in 2026, and that changes the timeline from a year to a few weeks.

• Small estate affidavit. If the decedent's total California probate assets are $184,500 or less (the threshold for deaths on or after April 1, 2022, still in effect in 2026), heirs can collect personal property by affidavit 40 days after death under Probate Code § 13100. No court filing required. For real property worth $61,500 or less, an affidavit can be filed under § 13200.
• Spousal or domestic partner property petition. Property passing to a surviving spouse or registered domestic partner can move through a Spousal Property Petition (Probate Code § 13650). One hearing, no inventory, no creditor period. Start to finish: 60 to 120 days. Used constantly in the Bay Area for community-property homes held in both names without a trust.
• Living trust. Assets in a properly funded revocable trust avoid probate completely. The home can be listed or sold in weeks, not months. See selling a house in a trust in California.

What causes the long delays

The cases that stretch past 18 months usually involve:

• A will contest. If an heir challenges the will on grounds of undue influence, capacity, or improper execution, everything freezes. Contests are rare (1 to 2% of estates) but can add a year or more.
• No will (intestate). The court has to determine heirs under Probate Code § 6402 and appoint an administrator. Bond is usually required.
• Missing or unknown heirs. A "diligent search" with a professional heir-finder can add 60 to 180 days.
• Creditor claims. A surprise claim, or a Medi-Cal recovery claim from the Department of Health Care Services, can stall final distribution.
• Hard-to-sell assets. A property in poor condition, a business interest, or out-of-state assets all slow things down.
• Family conflict. Disagreements among heirs about whether to sell, what price to accept, or how to divide proceeds. The single most common reason we see probates push past two years.
• Tax complications. Most Bay Area estates don't owe federal estate tax, but capital gains on the house is its own question. See capital gains on inherited property in California.

IAEA: full authority vs. limited authority

The Independent Administration of Estates Act (Probate Code § 10400 et seq.) is the single biggest lever on probate speed. When the petition is filed, the executor asks for either:

• Full authority. The executor can sell real property, lease, exchange, and handle most transactions without prior court approval, as long as a Notice of Proposed Action is served on heirs 15 days before closing and no one objects. Sale price must be at least 90% of the probate referee's appraised value.
• Limited authority. The executor can do most things but cannot sell real property without a court-confirmed sale.

A court-confirmed sale is the slow path: noticed hearing, overbidding in open court (starting bid is 10% of the first $10,000 plus 5% of the excess), and a separate confirmation order. That adds 45 to 75 days versus an IAEA sale, and it scares away buyers who can be outbid at the hearing after paying for inspections.

Ask for full authority in the original petition unless there's a specific reason not to.

Where selling the house fits

The house is usually the biggest asset and the one heirs most want resolved. Two things to know:

• An executor with full IAEA authority can sell the house without waiting for the whole probate to finish, as long as the price clears 90% of the referee's appraisal and no heir objects to the Notice of Proposed Action. Full mechanics in our California probate sale guide.
• Even when the house sells fast, proceeds can't be distributed until the creditor period and final accounting are done. A quick sale converts an illiquid asset into cash sitting in the estate account, which still matters because the carrying costs stop.

For related questions see how long an executor has to sell a house in California, how to sell parents' house after death, and if there's a lien, can you sell a house with a lien in California.

How to keep probate moving

• Hire a probate attorney early, ideally one who appears in your county weekly.
• Ask for full IAEA authority in the original petition.
• Publish creditor notice immediately after appointment so the 4-month clock starts on day one.
• Schedule the referee appraisal early. The Inventory and Appraisal (Form DE-160) is required before most actions on real property.
• Deal with the property promptly. A vacant inherited home costs money in property taxes (1.1 to 1.25% of assessed value annually), vacant-home insurance ($2,500 to $5,000/year), and upkeep, and is a target for vandalism and water damage.
• Communicate with heirs in writing. Most objections come from heirs who feel surprised. A short email every 30 days prevents most of them.

How a cash sale shortens the property piece

We buy inherited and probate properties across the Bay Area for cash. For executors, the appeal is usually:

• Speed and certainty under IAEA. Once the Notice of Proposed Action is served and the 15-day objection window passes, we close in 3 to 7 days.
• No commission and no MLS marketing period. More of the proceeds reach the heirs.
• We handle the cleanout, so out-of-state heirs don't have to fly in.
• As-is. Deferred maintenance, hoarder situations, fire damage all fine.
• Probate-savvy escrow. We work with title companies that handle California probate sales every week.

A cash sale doesn't speed up the creditor period or final accounting. It does mean the house piece is done in a few weeks instead of dragging across the entire probate.

Frequently asked questions

Can California probate be completed in less than 8 months?

Rarely, and only for simple estates with no real property and a court that schedules quickly. The 4-month creditor claim period under Probate Code § 9100 is the hard floor, plus appointment time and the final accounting. Realistically 9 to 10 months is the fastest most clean estates close.

Do I need probate if there's a will?

Yes, in most cases. A will names the executor and beneficiaries but does not avoid probate. The exceptions are estates that qualify for the $184,500 small estate procedure, assets passing by beneficiary designation or joint tenancy, and assets held in a living trust.

What is the $184,500 small estate threshold in California?

For deaths on or after April 1, 2022, California allows heirs to collect personal property without probate if the gross value of the decedent's California probate property is $184,500 or less (Probate Code § 13100). The threshold is adjusted every three years and remains at $184,500 through 2026. There's a separate $61,500 affidavit procedure for low-value real estate.

How long does the probate referee take to appraise the house?

From the time the executor sends the Inventory and Appraisal request, expect 60 to 120 days. Referees charge 0.1% of the appraised value, capped at $10,000.

Can I sell the house before probate is finished?

Yes, in almost every case. With full IAEA authority, you can sell after serving a Notice of Proposed Action and waiting 15 days. With limited authority, you'll need a court-confirmed sale, which takes longer but still closes before probate itself ends. Proceeds sit in the estate account until final distribution.

What happens if a creditor files a claim near the end of probate?

A claim filed within the 4-month window must be accepted or rejected within 30 days. A rejected claim gives the creditor 90 days to sue. A late claim is generally barred unless the creditor wasn't properly noticed.

How long does a will contest add to probate?

Anywhere from 6 months to 3 years. Most settle within a year. While the contest is pending, the executor can manage the estate but cannot make final distribution.

Getting an offer on the house

If you're settling an estate and want a real number for the house, call or text 415-800-1415, or use our get an offer page. We'll quote in 24 hours, walk you through how an IAEA sale works in your specific county, and coordinate directly with your probate attorney and the title company. No obligation, and always confirm timing and authority with your attorney first.