How Long Does Probate Take in California?
Probate in California takes a long time. The reason is that there are several notices and waiting periods. For example, if you miss a deadline 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.
A formal written request made to a Court in order to ask for some type of relief. It can be for made for many things, anything that someone is asking the Court to do can have some type of Petition filed. An example is a Petition to Probate a Will, this is usually submitted with the will to the Court to request the Executor be given the formal power to carry out the Will.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307