How long does the process actually take?

In California, the probate court handles administration of estates when an individual dies. The probate court is guided by and required to follow the rules of the California Uniform Probate Code.  Once it is determined whether there is a will or not and, if so, whether that will is valid, any challenges to the will need to be resolved.

The probate process usually takes approximately six to nine months to complete.  It may take longer if there are unusual assets that require special attention.  The process can also be extended due to unexpected problems that may arise, such as a will contest.  Nevertheless, the process should not take longer than 18 months.  The process is always easier when there is a will because the administrator and heirs have already been identified.  That means, less time needs to be spent waiting for the court to make those determinations.

Why does it take so long?

Probate can be a lengthy process because there are many steps that must be taken.  The administrator must make an accounting of all assets belonging to the deceased. Real estate will need to be appraised to determine the value.  All creditors must be notified by placing a Notice of Creditors in the local newspaper for a certain period of time. Beneficiaries or heirs must also be notified.  These steps take longer if there is no will because the court must first determine, based on state law, which relatives will inherit and then locate those individuals.

After the creditors have been paid, the remaining property is divided and distributed among the beneficiaries and/or heirs. Once this has been accomplished, the case is discharged and closed out by the probate court.  Although having an estate planning attorney is not necessarily required, it is highly recommended to help prevent costly mistakes.

What Must Happen Before the Estate Can be Closed?

Before the estate can be closed, a notice of the final accounting must be sent to the beneficiaries and other interested parties, allowing them sufficient time to raise an objection. The last step is for the executor to present a final accounting to the court, which includes a detailed list of the probate assets, expenses, and the property distribution to beneficiaries.

When an estate is small, the executor may need only present one accounting to the court. The final accounting should show a zero balance.  Once the court approves, and there are no objections from interested parties, then the estate is closed and the executor is discharged.

Is Probate Always Required with Every Estate?

Actually, it is not that difficult to avoid probate. There are some several options available to you, which will still ensure your estate is passed on to your heirs without going through probate.  Some of these methods include:

• Revocable living trusts
• Pay-on-death accounts and registrations
• Joint ownership of property and gifts

Discuss all of your options with an estate planning attorney to determine what is best for you.