HOW LONG DOES PROBATE TAKE IN CALIFORNIA?

Longer than most people expect — and it's getting longer.

Los Angeles County probate filings climbed from roughly 47,856 in 2020 to 63,609 in 2024. The courts are busier, not less busy, which means a single administrative misstep can add months to your timeline. For a straightforward, uncontested estate, expect the process from initial filing to a closed home sale to run somewhere in the range of 9 to 14 months — faster if the estate qualifies for full IAEA authority, slower if it requires court confirmation or a sibling raises an objection along the way.

That range is generally, not a guarantee — every estate's timeline depends on the specific county calendar, whether all heirs agree, and whether a probate referee's valuation is contested. Confirm your estate's specific timeline with your probate attorney.

THE TWO PATHS

Independent Administration (IAEA) vs. Court Confirmation

The single biggest factor in your timeline is which authority the court grants the executor or administrator. This is what the Independent Administration of Estates Act (IAEA) actually means in plain English.

The Fast Track — Full Authority Under the IAEA

If the court grants full authority under the IAEA, the home can be listed and sold much like any other property:

  1. List and market the home on the open market, same as a standard sale.
  2. Accept an offer and open escrow.
  3. Issue a formal Notice of Proposed Action to all heirs.
  4. Clear a 15-day objection window with no objection filed.
  5. Close escrow — no courtroom appearance required.

The Slow Track — Limited Authority or a Sibling Objection

If the estate has only limited authority, or an heir formally objects, the sale requires court involvement:

  1. Accept an offer — the sale is conditional on court approval.
  2. A court confirmation hearing is calendared, typically 6 to 12 weeks out.
  3. An independent probate referee, appointed by the court, values the property.
  4. At the hearing, the judge opens courtroom overbidding at the statutory minimum increment above the accepted offer.
  5. The original buyer can be outbid in open court; the higher bidder wins the property.
  6. Close escrow once the court confirms the final sale.
WHO IS THE PROBATE REFEREE?

An independent, court-appointed appraiser — not your agent, and not the court.

Every California probate estate is assigned a probate referee: a state-appointed, independent appraiser who values the estate's assets, including real property, as of the date of death. Their appraisal (Inventory and Appraisal, or "I&A") sets the reference point courts use for a Slow Track sale's minimum overbid, and it can also matter for the estate's stepped-up cost basis at tax time. The probate referee is neutral by design — I coordinate with your attorney on the timing of the referral, but the valuation itself belongs to the referee, not to me.

Not sure which track your estate is on?

That's exactly the kind of question a quiet, plain-English conversation can answer — usually within the first few minutes.

Schedule a Confidential Consultation No obligation. I'll tell you honestly what to expect.