Always consult with a probate attorney to get legal advice or guidance on the probate process and timeline.
Updates Following the Shelter in Place Order and the Impact on the typical Probate Timeline.
What is the Probate Timeline?
The following outlines the steps involved in the probate process. No two probate cases are the same. Every probate case is as unique as an individual’s fingerprint. There is no such thing as typical probate.
The probate timeline will vary depending on many factors.
Getting a court date for a hearing on the petition will vary.
- Some probate courts only schedule hearings on certain days.
- Getting a court date also depends on the number of petitions filed.
Executor’s duties vary depending upon many factors as well, including the size of the decedent’s estate.
What is Probate Process?
|Prepare and File Petition for Probate||1-2 months|
|A court hearing on the Petition for Probate||2-3 months|
|Orders for Probate & Letters Testamentary or Letters of Administration get
issued by the Court. A bond gets issued, if ordered
(if not contested)
|Notice to Creditors filed||2-4 months|
|Notice to Department of Health Services Inventory & Appraisal||4-8 months|
|State and Federal Taxes get paid if necessary||6-12 months|
|Reject or Allow Claims of Creditors||6-12 months|
|Preliminary Distributions from Estate||6-12 months|
|Notice to Department of Health Services (if deceased received medical)||6-12 months|
|Notice to Franchise Tax Board (if an heir is out of state)||6-12 months|
|A claim of Exemption (if assets transfer to a minor)||6-15 months|
|Receive Final Tax Letter from State and Federal if appropriate||6-18 months|
|File Petition for Final Distribution and Accounting||8-16 months|
|Hearing on Petition for Final Distribution and Accounting||8-16 months|
|Order Approving Final Distribution and Accounting||8-16 months|
|Distribution of Assets to Beneficiaries and Heirs||9-17 months|
|Final Discharge Order (shows close of probate case)||9-18 months|
|Final Distribution of Funds||9-18 months|
If you would like a referral to a San Jose – Santa Clara County probate and estate planning attorney we are happy to provide recommendations.
What is a Probate Property?
Probate property is a house, real property, included in a decedent estate.
- Our expertise is in selling probate property. We know the proper legal forms to use and understand the probate process.
- It is prudent for a personal representative who needs to sell the real property to hire an agent with knowledge and experience in probate law and the probate timeline.
- Once the estate administrator gets a certified copy of letters testamentary, we can get hired to sell real estate.
When a person has a Trust, title to real property gets held in a living trust. When the person dies, the successor trustee may have the power to sell the real estate. See our Trusts page for more information on trusts.
My experience extends beyond real estate. I had power of attorney managing my mother’s health care and finances for 10 years before she passed away at age 96. Losing loved ones comes with tremendous grief and sadness.
The clients we serve appreciate our knowledge, experience and our compassion and understanding of the duties of the personal representative.