Estate administration in California is a complex process that follows specific legal requirements. The timeline can vary depending on the size of the estate, the presence of disputes and court schedules.
Here is an overview of the typical steps involved and the general timeline for estate administration.
Filing the petition and Notice of Hearing
The first step in administering an estate is to file a petition with the probate court in the decedent’s county. This petition formally requests the court to appoint an executor or administrator. After filing, a hearing is scheduled, typically within 30 to 60 days. All interested parties must receive notice of this hearing, and the court will publish notice in a local newspaper.
Appointment of executor and issuance of letters
Once the court approves the petition, it appoints the executor and issues Letters of Administration or Letters Testamentary, authorizing the executor to act on behalf of the estate. Depending on the court’s schedule, this step can take 2 to 3 months.
Inventory and appraisal of assets
The executor must identify, inventory, and appraise the estate’s assets. California requires a Probate Referee to assist with the valuation of non-cash assets, which can take three to five months to complete.
Paying debts and taxes
During this phase, the executor must notify creditors and pay any outstanding debts or taxes, including the decedent’s final income and property taxes. Creditors have four months from receiving notice to submit claims.
Distribution of assets and closing the estate
Once all debts are paid, the executor can distribute the remaining assets according to the will or state intestacy laws if there is no will. A final accounting is submitted to the court, and the estate is closed. This final phase can take six to 18 months, depending on the complexity of the estate.
Estate administration in California can take anywhere from 12 to 24 months, with delays possible due to disputes or complex assets. Executors should work closely with an attorney to ensure compliance with California probate laws and avoid unnecessary delays.