Why Does Probate Take So Long in California?

If you’ve recently lost a loved one in California, you may be learning just how long and frustrating the probate process can be. You’re not only grieving, but now you’re also dealing with paperwork, court filings, and delays that make everything feel even harder. Like many families, you may be asking: why does probate take so long?

This blog explains what causes delays in California probate cases, how the legal process works, and what to expect when handling a loved one’s estate. Whether you’ve been named executor in a will or are the closest surviving relative planning to petition the court, understanding the timeline and potential setbacks can make a difficult time a little more manageable. It can also help you think ahead about how to spare your own loved ones from this process in the future.

What Is Probate in California?

Probate is the legal process for settling a deceased person’s estate. It typically involves:

• Proving that a will is valid (if there is one)
• Appointing a personal representative (called an executor or administrator)
• Identifying and valuing estate assets
• Paying debts, taxes, and court fees
• Distributing assets to beneficiaries or heirs

Even in straightforward cases, the California probate process often takes nine to eighteen months. More complex probate matters can take years. But why does it take so long? Even when things seem straightforward, there are often delays built into the process.

Common Reasons Probate Takes So Long

Probate can move slowly for several reasons. Some are built into the process itself, while others depend on the estate, the people involved, and the court system.

1. Overloaded Probate Courts

If you’re filing in Los Angeles County, the probate court is likely handling thousands of active probate cases. Limited staffing and budget constraints often create significant delays between filings and court hearings. This is especially true in large counties like Los Angeles, San Diego, San Francisco, and Orange, where probate courts are often overwhelmed with thousands of active cases. You may wait several weeks just to get a hearing date scheduled, and any errors in your paperwork can push that date even further out.

2. Missing or Contested Wills

If the deceased person didn’t leave a will, or the will is contested, the court will need more time to resolve those issues. Will contests based on undue influence or lack of capacity require formal probate litigation. These types of disputes can take months or years to litigate, especially when there’s significant estate value or family tension.

3. Locating and Valuing Estate Assets

Before distributing assets, the personal representative must identify, collect, and appraise all estate property. This might include:

• Real estate
• Bank accounts
• Vehicles
• Business interests
• Personal items with significant value

Sometimes there are missing documents, outdated titles, or unclear ownership that slow this process down. You’ll also need to file an inventory and appraisal with the court.

4. Notifying Creditors and Resolving Debts

California law gives creditors a specific window to file claims against the probate estate. Under California Probate Code § 9100, a creditor must file within four months of the personal representative’s appointment, or within sixty days of receiving notice, whichever is later. This built-in waiting period contributes to the overall delay. Disputes over debts or creditor claims can extend the probate process even further.

5. Paying Estate Taxes and Filing Tax Returns

In some cases, the estate must file final income tax returns or estate tax returns. If estate taxes are owed, the representative must wait until the taxes are assessed and paid before distributing any remaining assets. Mistakes in tax reporting can trigger IRS audits, which also delay probate proceedings.

While California has no state estate tax, federal estate taxes may apply to estates exceeding $13.99 million in 2025. Most estates fall below this threshold, but when taxes are owed, resolution can take time.

6. Family Disputes and Legal Challenges

Family members may disagree over who should administer the estate, how to interpret the will, or whether someone breached their fiduciary duty. These disputes often lead to probate litigation. Even if a lawsuit isn’t filed, ongoing conflict between heirs or beneficiaries can stall decisions and prolong court involvement.

7. Selling Real Property

Many estates include real estate that needs to be sold in order to distribute funds. Selling property during probate adds extra steps, including obtaining court approval and complying with California Probate Code requirements. If the market is slow or if buyers back out, this can drag the process out even longer.

When you add these delays together, the entire process can stretch far beyond what most families expect. Here’s what the typical probate timeline looks like in California.

How the Probate Timeline Works in California

Here’s a general breakdown of how long each stage of probate might take:

• Filing the Petition and Appointing a Personal Representative: 1 to 3 months
• Notifying Heirs and Creditors: 1 month
• Inventory and Appraisal of Estate Assets: 2 to 4 months
• Debt Payments and Tax Filings: 4 to 6 months
• Resolving Legal Issues and Disputes: Variable (can be over a year)
• Distributing Assets and Closing the Estate: 2 to 3 months

In total, expect at least a year for full estate administration. If the estate involves court-supervised sales, probate litigation, or multiple beneficiaries in different states or countries, the process can take far longer.

Can You Avoid Probate in California?

While probate is often necessary, not all assets have to go through it. These are called non-probate assets and may include jointly owned property with right of survivorship, payable-on-death (POD) or transfer-on-death (TOD) accounts, life insurance proceeds with named beneficiaries, retirement accounts like IRAs or 401(k)s, and assets held in a living trust.

Using a properly funded revocable trust is one of the most effective ways to avoid probate in California. A trust allows your assets to pass directly to your beneficiaries without court involvement, which can save time, reduce expenses, and maintain privacy. That’s why many people in the Los Angeles area work with a Los Angeles probate attorney to create an estate plan that keeps their loved ones out of probate court.

For smaller estates, California also offers a simplified alternative to formal probate. If the total value of the estate is under $184,500, you may qualify to use a simplified affidavit process to transfer assets without court involvement. This can shorten the timeline from many months to just a few weeks.

Personalized Support for Probate Matters

Handling probate while grieving a loss can feel like too much at once. At Talai Law Offices, attorney Ali Talai provides thoughtful, reliable guidance to individuals and families across Los Angeles and Southern California. Whether you’re facing a straightforward administration or a more complex dispute involving trusts or heirs, you’ll receive focused legal support tailored to your situation.

Our flat-fee structure promotes transparency and communication from the start. We’ll walk you through each step of the probate process, help you understand your legal responsibilities, and work to minimize unnecessary delays or conflict. If questions come up along the way, you’ll get direct answers and steady support.

If you’re looking for an LA probate attorney who can help you move forward with confidence, call (818) 285-2850(818) 285-2850 or fill out our confidential online form to schedule your consultation.

At Talai Law Offices – we’re your attorney for life.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Talai Law Offices, Inc.
6300 Canoga Ave Suite 550
Woodland Hills, CA 91367
(818) 285-2850(818) 285-2850
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