You can expect probate, the legal process of distributing and closing a deceased person’s estate, to take 12 to 18 months in California. California law requires the completion of probate within one year of an executor or administrator being appointed by the court to handle the estate. However, large or complex estates can take longer. Estate executors or administrators can obtain a time extension to resolve any complications.
Probate is required when a deceased individual leaves assets, such as money, investments, real estate, and personal property, to be distributed via a will or according to California laws for intestate succession.
If questions or disputes about the administration or distribution of the estate arise during probate, they must be settled to close the estate. If a beneficiary of a will or another individual or organization with legal standing questions the contents of a will or the actions of the estate’s administrator, they have a right to petition and be heard by a probate court.
The probate litigation attorneys of Albertson & Davidson, LLP, can offer legal guidance if you have an inheritance dispute caused by a decedent’s incapacity, undue influence, fraud, or the estate administrator’s breach of fiduciary responsibility. Our attorneys focus on handling complex estate and inheritance matters requiring the litigation of probate, wills, and trusts in California.
If you have concerns about a recently deceased loved one’s estate or will, contact an attorney from Albertson & Davidson for help. We assist clients throughout the state of California from offices in Los Angeles, San Francisco, San Diego County, Orange County, and Silicon Valley. Contact us today at (800) 601-0170 or online for a free consultation.
Probate Timeline in California
There are two facets to the job of dealing with a decedent’s estate:
- Probate administration, the process of validating the decedent’s will and carrying out its directives or administering the distribution of assets of an individual who has died without a will.
- Estate administration, the process of handling a decedent’s assets and settling debts (including taxes) to close the estate.
If the decedent’s “probate property” has an aggregate fair market value of less than $184,500 (in 2023), [CN1] or the decedent’s property is to pass to the decedent’s surviving spouse, the executor may use a simplified procedure to transfer property that requires preparing affidavits instead of going to probate court.
For more valuable estates, the probate process is generally as follows:
- Start probate. If there is a will, the named executor files the will and a petition for probate (California Form DE-111) in the California Superior Court in the county where the decedent resided. If there is no will, someone connected to the deceased should petition the court to appoint an administrator of the estate.
- Publish notification. The court will set a first probate hearing for a date within five to six weeks. The executor/administrator must place an ad in a local newspaper of record in the county where the decedent lived to announce the initial hearing. A notice must also be mailed to each beneficiary named in the will (Form DE-115).
- Order for probate. About two weeks after the hearing, the judge will appoint the executor or administrator of the estate and issue “letters testamentary” (Form DE-150), a document giving the executor/administrator legal authority to act on behalf of the estate.
- Sell real estate. If any of the estate’s real property must be sold – to satisfy debt or to divide proceeds among beneficiaries, as directed by the will – it should be done within 90 days (though 90-day extensions are available) and reported to the court (Form DE-260). If the sale of personal property is necessary, the executor/administrator must obtain permission via Form DE-275.
- Inventory assets. Within 120 days of receiving letters testamentary, the executor/administrator needs to have gathered, conducted an inventory, and obtained an appraisal of the estate’s assets and debts, and submitted this information to the court (Form DE-160). The executor/administrator must also notify all of the estate’s creditors of the decedent’s death (Form DE-157) within 120 days of being appointed to handle the estate.
- Pay debts. Pay creditors from estate funds.
- File taxes. File and pay the estate’s taxes from estate funds within one year of the decedent’s death.
- Distribute estate assets. Distribute remaining assets as directed by the will. Upon conclusion of distribution, advise the court and petition for relief from duties as executor/administrator (Form DE-295).
The Role of Beneficiaries in Probate
A beneficiary is a person or entity designated to benefit from assets distributed as an inheritance or a bequeath made in a will. A beneficiary may be named to receive funds from life insurance policies, retirement accounts, brokerage accounts, bank accounts, and other financial products.
A beneficiary may be designated as:
- Primary beneficiary – The primary beneficiary is the person or organization named as the first in line to receive benefits from an asset. They may be named in a will or identified on a policy or account.
- Secondary beneficiary – The contingent beneficiary is a person or organization that would receive the designated assets if the primary beneficiary was deceased or could not be located. There may be more than one contingent beneficiary, and if so, the will should explain how assets are to be divided among them.
In addition to receiving assets bequeathed to them, a beneficiary to an estate has the right to receive information about how the decedent’s estate is being administered. A beneficiary has the right to be informed in a timely manner about the basics of the estate, particularly distribution dates, and explanations about any delays. A beneficiary may also request copies of such documents as:
- The will
- Bank statements
- Checks
- Executor/administrator fees
- Other expenditures of estate assets.
If everything is proceeding appropriately, the executor/administrator knows their obligations to beneficiaries and is keeping them informed through regular, ongoing communications.
If the executor/administrator is handling the estate improperly, a beneficiary should request a specific explanation or other information and allow a reasonable amount of time for them to comply. If there are intractable issues, a beneficiary has the right to ask the court to:
- Prevent the executor/administrator from taking certain proposed actions (Form DE-165).
- Remove and replace the executor/administrator (California State Probate Code §8502). A beneficiary can file a lawsuit to remove an executor/administrator even before they have acted improperly.
Factors Affecting the Duration of Probate
It should not surprise anyone that the probate process will likely be longer for large and complex estates that have a total value of more than $1 million and significant assets to be distributed. These types of estates may hold assets such as multiple pieces of real estate, business interests, stocks, and other investments.
The complicating factors likely to increase the probate timeline in California include:
- Lack of an available will. Probate starts and is guided by the will and its contents, or the lack thereof. A delay in finding the will, the existence of multiple wills, or unclear or contradictory instructions in a will, makes understanding and following the decedent’s desires more difficult and a will contest more likely.
- Poor performance by executor/administrator. Someone who is unorganized, not good with money, or overburdened by other responsibilities will have a difficult time fulfilling the requirements in California law to close an estate.
- Extensive debt. The estate’s outstanding debts and taxes must be satisfied before assets can be distributed to beneficiaries. If various assets must be sold to pay debts, each sale adds to the timeline.
- Antagonistic beneficiaries. The need to locate distant or estranged family members can lengthen the probate process. These individuals must return paperwork acknowledging contact and/or receipt of assets.
- Disputes among beneficiaries. When beneficiaries quarrel over how the will (or the executor/administrator) distributes assets, each has a right to be heard and to receive an explanatory response. If a dispute among beneficiaries leads to a will contest, a court trial may be necessary. Our will contest attorneys at Albertson & Davidson are accomplished trial lawyers and have represented beneficiaries in courtrooms throughout California.
Estate Planning and Its Impact on Probate
Anyone who wants to avoid leaving their family with potential legal problems upon their death needs a valid estate plan. Estate planning documents spell out how your assets are to be distributed when you die – or if you become incapacitated.
When no valid will exists, California probate law dictates how a decedent’s assets will be distributed, which may include going to relatives you never meant to be beneficiaries of your estate.
The lack of estate planning or avoidable estate planning mistakes can cause disputes that damage family relationships and deprive individuals of their rightful inheritance.
Talk to Our Experienced California Probate Litigation Attorneys
The California probate process and the laws governing probate are complicated. It is crucial to have the guidance of an experienced California probate litigation attorney if you must contest a will or trust. The probate litigation attorneys of Albertson & Davidson LLP can review the will in question and provide legal advice. If our law firm represents you, we will compile evidence and testimony to support your claim that an executor/administrator has breached their fiduciary responsibility to the estate.
Contesting a will or challenging its administrator may be your only option for fighting for your rightful inheritance. Our skilled trial attorneys are ready to help you. Contact Albertson & Davidson today for a free initial consultation. We stand. We fight. We win.
