Huntington Beach, California Attorney, Mark W. Bidwell

Amount of Time Needed to Complete Probate

At time of filing of the petition the probate the court must provide a hearing date within 45 days.

At the hearing the court will appoint the personal representative to administer the estate.

The personal representative has to keep the estate open for a minimum of four months to allow for creditors time to present their claims.

At the end of four months the personal representative may file a petition to close the estate. The Court’s calendar is usually booked out for 30 days. A hearing date is usually available 45 days to two months out from date of filing.

Assuming everything goes well and all documents and actions are timed perfectly, a probate case can be completed in six to seven months.  Add any minor problem or complication and a minimum of additional two months are needed.

A good rule of thumb is the probate process will take nine months to one year.

Key Steps at the Beginning of Probate to Keep the Process Moving.

1. Find the will. File original will with court. The person who has custody of the will must produce it within 30 days of learning of the testator's death.

2. Obtain Hearing date of Petition for Probate. Court has to give date within 45 days of filing petition. 

 Publish hearing date at least 15 days before the hearing. Three publications in a newspaper published at least once a week is sufficient, if there are at least five days between the first and last publication dates, not counting the publication dates.

The petitioner must affect service at least 15 days before the hearing. [Prob. Code, § 8110] The provisions of Code Civ. Proc. § 1013, subd. (a) extending time by at least five days when service is by mail do not apply to notice of a hearing of a petition to administer an estate.          

3. The inventory and appraisement must be filed with the court clerk within four months after letters are first issued to a general personal representative. [Prob. Code, § 8800, subd. (b)]

4. Creditor Claims. Notice of administration must be given within the later of four months after the date the letters are issued to a general personal representative or thirty days after the personal representative first has knowledge of the creditor. [Prob. Code, § 9051, subds. (a), (b)]