How long does probate in California take?

In California, a typical probate takes about six months to a year. The process is started when the person named as executor in the will (this is the person the will-maker chose to wrap up the estate) files a document called the “petition for probate” with the court, asking to be officially appointed as executor. If the will also named you as executor, you can get the ball rolling by filing the petition.

The executor’s first step is to give notice of the court proceeding to creditors and heirs (the people who would inherit under state law if there were no will). Then then there’s a four-month waiting period, during which creditors can come forward with claims.

If it’s clear that the estate has enough cash to pay debts and taxes, some assets may be released to you before the probate court case is officially closed. If you are inheriting everything, there shouldn’t be a problem—if claims crop up later but before the estate is closed, you’ll be responsible for paying them from the assets you inherited.

If you’re named as executor and want to handle the probate yourself, you can get all the fill-in-the-blanks probate court forms online from the California Judicial Council. For guidance through the entire probate process, including forms and instructions, see How to Probate an Estate in California, by Julia Nissley (Nolo).