When a loved one passes away in California, the legal process of probate is often required to settle their estate. Families are frequently surprised to learn just how long this process can take. Even in straightforward cases without disputes, California probate routinely stretches from nine months to more than a year — and in many situations, it can last even longer. Understanding why probate takes so much time can help you prepare and, more importantly, take steps to protect your family from unnecessary delays.

One reason probate moves slowly is the court system itself. California’s probate courts, particularly in counties like Los Angeles and Orange, can face significant backlogs. Hearings must be scheduled months in advance, and a single missing form or filing error can push a case back even further. Families often find themselves waiting weeks or months between procedural steps simply because the court calendar is full.

Another source of delay is the statutory process that probate requires. By law, creditors must be given at least four months to file claims against the estate. The personal representative must also prepare an inventory and appraisal of all assets, often working with a court-appointed probate referee. Real property must be valued, and in many cases, sold — steps that can add months to the timeline. Each of these requirements is designed to protect beneficiaries and creditors, but together they create a process that is anything but swift.

Disputes or complications can slow things further. If heirs disagree over the validity of a will, the suitability of an executor, or the management of assets, the probate process can grind to a halt. Even without outright conflict, estates that involve multiple properties, business interests, or tax issues require additional filings and oversight. What begins as a nine-month process can easily become two years or more.

The length of probate is not just a legal inconvenience; it is a personal and emotional burden. Families are often left in limbo, unable to access funds needed for everyday expenses like mortgages, tuition, or caregiving costs. The uncertainty can prolong grief and create tension among relatives who are waiting for resolution. For many California families, especially those with real estate or larger estates, the delay is one of probate’s greatest hidden costs.

The good news is that there are ways to minimize or avoid probate altogether. A revocable living trust is the most common tool for California homeowners, allowing assets to pass directly to beneficiaries without court involvement. Properly funded trusts, updated beneficiary designations, and thoughtful planning can reduce the role of probate or eliminate it entirely. For smaller estates, simplified procedures may also be available.

At Golden Grove Law PC, we help families design estate plans that spare their loved ones from the delays and frustrations of probate. With careful preparation, you can protect your family not only from the financial costs of probate, but also from the long wait for closure. By planning today, you give your family the gift of efficiency, privacy, and peace of mind tomorrow.