Probate in California takes a long time. The reason is that there are several notices and waiting periods, and if you miss a deadline, make one mistake, or if something unexpected comes up, then the process is immediately delayed. To begin probate, your attorney has to draft pleadings that are filed with the court. A hearing date is set anywhere from 6 to 12 weeks from the date of filing. If your petition for probate is granted at once, a four-month creditor claims period starts. After that period, your attorney can file a petition to distribute the estate‘s property. That hearing will be held 6 to 12 weeks after the petition was filed. This means that, in theory, the process could be handled in 7 months at best.
In reality, Grossman Law Firm considers a probate successful if it is executed in less than a year. Failure to give notice to someone entitled to be notified results in delaying the case. If anyone – an alleged creditor or a potential beneficiary – files a claim, the process suffers further delays. If you haven’t made the necessary allegations either in the petition for probate or in the petition to close the estate, more time will be lost.
With severe cuts in the California judicial branch budget, the probate process is likely to take even more time in the future.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307