Always consult with probate lawyers to get legal advice or legal guidance on the legal topics of probate and trust administration.
The following outlines the steps involved in the probate process timeline. No two probate cases are the same. Each probate case is as unique as an individual’s fingerprint. There is no such thing as a typical probate.
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.
The probate timeline will vary depending on many factors.
Executor’s duties vary depending upon the size of the decedent’s estate.
What does the probate process involve?
|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 San Jose – Santa Clara County probate attorneys or estate planning lawyers to help with an estate plan to avoid probate, we are happy to provide recommendations.
It is wise for a personal representative who needs to sell real estate to hire the agent with knowledge and experience in probate law and the probate timeline.
Our expertise is in selling probate real estate. We know the proper legal forms to use and understand the probate process.
Once the estate administrator gets a certified copy of letters testamentary, we can get hired to sell real estate.
With Trust administration title to real estate gets held in a living trust when the person died, 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 for 10 years before she passed away at age 96. Losing loved ones comes with grief and sadness.
The clients we serve appreciate our knowledge and experience with probate and our compassion and understanding of the duties of the personal representative.