Losing someone close to you comes with emotional weight that can make even the smallest legal task feel overwhelming. But when that person leaves behind a home, bank account, or other property in their name, you may also need to manage the formal transfer of those assets. Families often don’t know how soon they need to act, or even if they need to open probate. Understanding your obligations under California law can help you avoid delays, prevent disputes, and give you peace of mind that everything is being handled properly as the legacy of your loved one is taken care of.
California Probate Code Deadline
In California, the legal process of probate begins by filing a petition in court to either admit a will or appoint an administrator if there is no will. According to California Probate Code section 8001, the chosen executor of a will must petition the court for the administration of the estate within 30 days of learning of the death of the decedent or may be removed from the appointment as personal representative.
When is Probate Necessary?
Probate is typically required when a deceased person dies owning assets solely in their name with a total value exceeding $184,500 (as of 2022 under California law). If those assets aren’t held in trust or don’t automatically transfer to a joint owner or named beneficiary, the court will need to supervise the transfer to the rightful heirs or beneficiaries.
Not every estate goes through full probate. If the estate qualifies as a “small estate,” it may be transferred using a simplified affidavit process, as long as certain conditions are met. On the other hand, larger estates or those involving real property usually require formal court involvement. Common triggers for probate include real estate in the decedent’s name alone, brokerage accounts without a designated beneficiary, and personal property like valuable collectibles or vehicles without a co-owner.
How Long Will Probate Take?
Probate in California generally takes nine months to one and a half years, depending on the size and nature of the estate. Several factors can affect the timeline, including whether the will is contested, how quickly appraisals and accountings are completed, and how efficiently the personal representative handles estate duties. Creditors must be given at least four months to submit claims once probate is officially opened.
While some cases can be resolved more quickly, delays often happen if the estate includes complex assets, significant debts, or family conflict. Probate also pauses if required filings are incomplete or missed. Working with a knowledgeable legal team helps ensure that court requirements are met on time and that all duties are fulfilled correctly, minimizing delays and reducing stress.
Get the Representation You Need Through California Probate
Probate can feel overwhelming without clear guidance. At Hedtke Law Group, we walk you through each step with care and clarity. Our attorneys bring deep knowledge of California probate procedures and take the time to address your concerns with patience and compassion. Contact our Moreno Valley law office today so we can help ensure your loved one’s estate is handled the right way.
