How Long Do You Have to File Probate After Death in California?

When a loved one passes away, families are often left grieving and overwhelmed. Legal deadlines are rarely the first thing on anyone’s mind. One of the most common questions families ask is simple and important. How long do you have to file probate after death in California?

The answer is not always straightforward. While California law does not impose a hard filing deadline in every situation, delays can create serious legal and financial consequences. Understanding the probate timeline and knowing when action is required can protect your family from unnecessary stress, court involvement, and added costs.

As an estate planning attorney in California, I help families both navigate probate and avoid it altogether through proper planning. This article explains how probate deadlines work, what happens if you wait too long, and how to prevent your family from ever needing to worry about probate timing again.

What Probate Is and When It Is Required in California

Probate is the court supervised legal process used to transfer a deceased person’s assets when there is no living trust in place. Probate is required whether the person had a will or not. A will does not avoid probate. It only provides instructions to the court.

Probate is generally required when the deceased owned assets such as:

• Real estate titled in their individual name
• Bank or investment accounts without beneficiaries
• Vehicles above the small estate threshold
• Personal property exceeding California limits

Probate gives the court authority to appoint a personal representative, review debts, approve distributions, and oversee the entire administration process. California Courts Probate Overview

Is There a Legal Deadline to File Probate in California

California law does not set a strict number of days after death that probate must be filed. However, this does not mean families can wait indefinitely.

Under California Probate Code, the person who has possession of the will is required to file it with the court within thirty days of learning of the death. This requirement exists even if probate has not yet been opened. California Probate Code Section 8200

While the will filing rule exists, the actual probate petition is typically expected to be filed within a reasonable time. Waiting too long can trigger court intervention or create disputes among heirs.

What Happens If You Delay Filing Probate

Delaying probate often creates more problems than it solves. Some of the most common consequences include:

• Assets remain frozen and inaccessible
• Real estate cannot be sold or refinanced
• Bank accounts stay locked
• Creditors continue accruing interest
• Property insurance issues arise
• Family conflicts increase

In extreme cases, the court can appoint an independent administrator if family members fail to act. This removes control from the family and increases costs. Why probate takes so long in California

Why Families Often Delay Probate

Many families delay probate for understandable reasons. Common causes include:

• Grief and emotional stress
• Confusion about legal requirements
• Belief that a will avoids probate
• Disagreements between heirs
• Uncertainty about estate size
• Hope that probate can be avoided later

Unfortunately, waiting rarely improves the situation. Probate does not disappear on its own. The longer it is delayed, the more complicated it becomes.

How Long Does Probate Take Once It Is Filed

Even when filed promptly, probate in California is slow. Most cases take between twelve and twenty four months. Some take longer, especially when real estate is involved or when disputes arise.

Delays occur due to:

• Mandatory creditor notice periods
• Court backlogs
• Probate referee appraisals
• Required court approvals
• Executor errors or omissions

Small Estate Exceptions to Probate Deadlines

California does allow simplified procedures for small estates. As of current law, estates valued under certain thresholds may qualify for simplified transfers without full probate.

However, real estate almost always triggers probate unless it is held in a living trust or qualifies under limited exceptions. California small estate procedures

These exceptions are narrow and often misunderstood. Many families incorrectly assume they qualify and lose time before discovering probate is required.

The Best Way to Avoid Probate Deadlines Entirely

The most effective solution is to avoid probate altogether. This is accomplished through a properly created and funded revocable living trust.

A living trust allows assets to transfer privately without court involvement. There are no probate filing deadlines, no court delays, and no mandatory statutory fees.

Benefits of a living trust include:

• Immediate access to assets
• Privacy
• Faster administration
• Lower overall cost
• Control during incapacity
• Avoidance of probate in multiple states

Related link: Living trusts in Orange County

What About Out of State Property

Many California residents own property in other states such as Texas, Arizona, Tennessee, or Florida. Without a trust, this can require multiple probate cases in different states.

A properly structured California living trust can hold out of state property and eliminate the need for separate probate proceedings. Add property to a living trust without refinancing

When You Should Contact a Probate or Estate Planning Attorney

You should speak with an attorney if:

• A loved one passed away owning real estate
• There is no living trust
• There are potential disputes among heirs
• You are unsure whether probate is required
• You want to avoid probate for your own family

An attorney can determine whether probate is required and help you avoid costly mistakes. Estate planning in Orange County

Key Takeaways

• California does not set a strict deadline to open probate, but delays cause problems
• A will must be filed with the court within thirty days of death
• Waiting too long can freeze assets and increase costs
• Probate typically takes twelve to twenty four months once filed
• Small estate exceptions are limited and often misunderstood
• A living trust avoids probate and all filing deadlines
• Proper planning protects families from court involvement

Frequently Asked Questions

How long do you have to file a probate after death in California?
There is no exact deadline, but the will should be filed within thirty days and probate should be started within a reasonable time.

What happens if probate is never filed?
Assets remain stuck, and the court may intervene or appoint an administrator.

Does a will avoid probate?
No. A will must go through probate.

Can probate be avoided after someone dies?
In limited cases. Most probate avoidance must be done before death through proper planning.

Is a full probate required for all estates?
No. Some small estates qualify for simplified procedures, but real estate usually triggers probate.

How can I avoid probate for my family?
By creating and funding a revocable living trust.

Final Thoughts

Probate deadlines in California are often misunderstood. While the law allows some flexibility, waiting too long to act can create serious financial and legal problems. Probate is slow, expensive, and stressful for families who are already dealing with loss.

The best solution is proactive planning. A properly designed estate plan, centered around a living trust, eliminates probate entirely and removes the burden from your loved ones.

If you live in California and want to ensure your family never has to worry about probate deadlines, now is the right time to take action.

Schedule your free 30-minute Strategy Session today or call (949) 377-2996  with Michael Pevney, your trusted Orange County estate planning attorney.