The California Probate Timeline, Explained

"How long will probate take?" is the first question most families ask. The honest answer: a straightforward California probate commonly takes nine to eighteen months. Disputes, missing heirs, complicated assets, or a busy court calendar can push it past two years. This guide lays out each stage in order, what happens in it, roughly how long it lasts, and where the family's house fits in, with notes specific to Sacramento County.

This guide is general information for Sacramento-area families, not legal or tax advice. Probate and tax rules depend on the details of each estate, so confirm your own situation with a California probate attorney and a CPA.

Before filing: the first weeks

Probate starts before anything reaches the courthouse. In the first few weeks, the family usually:

• Orders several certified copies of the death certificate. Banks, the title company, and the court will each want one.

• Finds the original will, if there is one. California law requires whoever holds the original will to lodge it with the court within 30 days of learning of the death.

• Confirms how each major asset is titled. Assets in a trust, held in joint tenancy, or with a named beneficiary (such as life insurance or retirement accounts) generally pass outside probate.

• Hires a probate attorney. Most California probate attorneys work for the statutory fee described below rather than by the hour.

• Secures and insures the house. See inherited vacant homes.

If the house is held in a trust, it usually doesn't go through probate at all. The successor trustee can typically sell much sooner. See selling a house held in a trust.

Stage 1: Petition and notice (about months 1 to 2)

The process formally starts when someone files a Petition for Probate with the Superior Court in the county where the person lived. For Sacramento County residents, that's the Sacramento Superior Court's probate division.

After filing, the court sets a hearing date. Before that hearing, notice must be published in a local newspaper several times and mailed to heirs and beneficiaries so anyone with an interest has a chance to respond. Depending on the court's calendar, the first hearing is commonly set a month or more after filing.

Stage 2: Appointment and letters (about months 2 to 3)

At the first hearing, if nobody objects and the paperwork is in order, the judge appoints the personal representative: an executor if there's a will, or an administrator if not. See selling as the executor and when there was no will.

After the order is signed and any required bond is posted, the clerk issues letters. This is the single most important moment for the house. Letters are the document that lets the personal representative act for the estate. From here on, a sale can actually move forward.

The court also decides whether the representative gets full or limited authority under the Independent Administration of Estates Act. Full authority lets the representative sell the house without a court confirmation hearing. Limited authority requires one. That choice can change the house's timeline by a month or two.

Stage 3: Creditor claim period (at least 4 months after letters)

The representative must give notice to known creditors. Creditors generally have until four months after letters are issued (or 60 days after notice was mailed to them, if that's later) to file claims. The estate can't close until this period ends and valid claims are paid or resolved.

This waiting period is a big reason families sell the house during probate rather than after. The four months pass whether the house sits empty or not. Using that time to sell means the estate stops paying mortgage, taxes, insurance, and utilities, and has cash available to pay creditors.

Stage 4: Inventory and appraisal (within about 4 months of letters)

The representative files an Inventory and Appraisal listing every probate asset. Cash and cash-like items are valued by the representative. Real estate and most other non-cash assets are valued by a probate referee appointed by the court. The referee's value of the house as of the date of death matters for two reasons:

• In a court-confirmed sale, the sale price generally must be at least 90 percent of the appraised value, and the appraisal must be reasonably recent.

• That value usually documents the heirs' stepped-up tax basis. See capital gains on inherited property.

Stage 5: Selling the house (anywhere from month 3 onward)

Once letters are issued, the house can be listed or sold directly, often while the creditor period is still running. How it works depends on authority:

• Full IAEA authority. The representative accepts an offer, then serves a Notice of Proposed Action on heirs and beneficiaries. If no one objects within the notice period (generally 15 days), escrow can close without a court hearing. A typical timeline from accepted offer to closing is about 30 to 45 days.

• Limited authority (court confirmation). The representative accepts an offer subject to court confirmation and files a petition. At the hearing, other buyers can overbid. The first overbid must exceed the original price by a set margin: 10 percent of the first $10,000 plus 5 percent of the rest. The court confirms the highest qualified bid. Expect 6 to 10 weeks or more from accepted offer to closing, depending on the hearing date.

Our guide to selling a house during probate covers the mechanics, including how buyers and agents should handle overbids.

Stage 6: Taxes and final accounting (months 9 to 15, often)

Before closing the estate, the representative handles:

• The decedent's final personal income tax returns (federal and California).

• Estate income tax returns, if the estate earned income during probate, such as rent or interest.

• A federal estate tax return, only for very large estates. Most estates fall well below the federal exemption, and California has no estate or inheritance tax of its own.

Then the representative prepares an accounting of everything received and spent, unless the beneficiaries waive it in writing, which is common in friendly estates.

Stage 7: Petition for final distribution (months 9 to 18)

The last step is a Petition for Final Distribution. It asks the court to approve the accounting, the statutory fees, and the plan for dividing what's left. After the hearing, the court signs an order. The representative distributes assets, files receipts from each beneficiary, and asks to be discharged.

What probate costs

California sets statutory fees for both the personal representative and the attorney, calculated on the gross value of the probate estate (not the equity):

• 4 percent of the first $100,000

• 3 percent of the next $100,000

• 2 percent of the next $800,000

• 1 percent of the next $9 million, with lower rates above that

Using the Sacramento-area median of about $585,000 as an illustration, a gross probate estate of that size works out to about $14,700 for the attorney and the same again for the representative, if they take a fee. Because the calculation uses gross value, a house with a large mortgage generates the same fee as one owned free and clear. Court filing fees, publication, the probate referee's fee, and bond premiums are added on top. Extraordinary work, such as litigation or a complicated sale, can be billed as additional fees with court approval.

Sacramento-specific notes

• Hearing dates vary. Calendar congestion affects how soon hearings are set. Your attorney will know current wait times.

• Paperwork precision matters. California probate courts review filings closely before hearings. Missing or defective items lead to continuances that add weeks.

• Holding costs add up fast. Property taxes, insurance (vacant policies often cost more), utilities, and yard care on a median Sacramento home can easily run several hundred to over a thousand dollars a month, plus any mortgage.

What usually causes delays

Most long probates get stuck on a short list of problems:

• Will contests and disputes. A challenge to the will or the appointment can add many months, sometimes years.

• Missing or hard-to-find heirs. Notice must reach every person entitled to it, and locating a distant relative takes time.

• Defective paperwork. Forms with missing information or the wrong notices are sent back, and the hearing is continued.

• Complicated assets. Businesses, out-of-state real estate, or assets with unclear title all take longer to value and transfer.

• Disputed creditor claims. If the representative rejects a claim, the creditor may sue, and the estate can't close until that's resolved.

• A house that won't sell. A house that needs major work, is occupied by a relative, or is priced too high can hold up the entire estate.

The last one is the easiest to control. A realistic price, or a direct sale, removes the house from the list of things holding up the estate.

How to keep the timeline as short as possible

1. File promptly. Every week before filing is a week added to the end.

2. Ask for full IAEA authority where appropriate. It removes a court hearing from the house sale.

3. Get the house ready to sell before letters issue. Secure it, gather documents, and get pricing guidance, so you can act the day authority arrives.

4. Sell during the creditor period. The four months pass anyway.

5. Keep heirs informed. Most delays in friendly estates come from surprises, not disagreements. A short update every few weeks prevents objections.

6. Use a buyer who understands probate. A buyer who knows notice periods, overbids, and confirmation hearings won't walk away when the process takes a turn.

Where Darren fits in

Darren B. Brown has been a licensed California real estate broker since 1996 (DRE #01295232). He works with estates throughout Sacramento County and the surrounding region. He can list the home, buy it directly with an offer structured for IAEA notice or court confirmation, or offer a guaranteed sale that gives the estate a firm backstop date. He works alongside your attorney rather than around them.

Probate is slow by design. The house doesn't have to be. Families who prepare early often sell well before the estate closes.

For the full picture of selling a family home, read selling an inherited house in Sacramento, or start with the probate and inherited property hub.