How long does probate take?

In California, the length of time probate takes can vary greatly. Generally speaking, the process can take anywhere from six to eighteen months. There are a few factors that influence the length of time probate takes, including the complexity of the estate, whether any of the decedent’s heirs contest the will, and how quickly the court can process paperwork. The starting point for probate is typically the filing of a petition with the court. After that, the court will issue Letters of Administration or Probate, which are documents granting the executor or personal representative the authority to act on behalf of the estate. These letters can take several weeks or even months to obtain. Next, the executor must inventory and value all assets of the estate and pay outstanding debts. This can be a complicated process, especially if the estate is large or complex. Depending on the situation, the executor may need to hire an accountant, appraiser, or lawyer to help. This part of the probate process can take months. Finally, any remaining assets must be distributed to the heirs in accordance with the will or state law. This process must be done in the presence of the court and usually requires a hearing and the filing of a Final Accounting of Estate Assets with the court. Once approved, the court will close the probate action and the process is complete. Overall, the process of probate can take a significant amount of time, but the length of time can be influenced by a variety of factors.

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