Published September 2, 2025

The Probate Timeline Explained: From Petition to Property Sale

Written by Jose Luis Tepox Jr.

Executor in Oceanside reviewing probate timeline with a realtor to prepare for selling an inherited home.

When a loved one passes away and leaves behind real estate, their home usually can’t be sold right away. Instead, it goes through probate a court-supervised process to settle the estate, pay debts, and distribute assets.

For many executors and heirs in San Diego County, probate feels long and confusing. That’s because it often takes 12–18 months to complete, depending on court schedules, authority level, and whether disputes arise. But once you understand the steps, the process becomes much easier to manage.

This guide walks you through the probate timeline from start to finish, highlighting what executors, heirs, and buyers should expect.

Step 1 – Filing the Petition for Probate

The process begins with filing a petition for probate at the local probate court. This petition asks the court to officially open the estate and appoint someone to handle it either an executor (if named in a will) or an administrator (if there’s no will).

In California, once the petition is filed:

The court schedules the first hearing, usually 30–45 days later.

A notice of the hearing must be published in a local newspaper.

Heirs and beneficiaries are notified by mail.

This step sets the process in motion. Until the court approves, no property can be sold or distributed.

Step 2 – Appointment of Executor or Administrator

At the first hearing, the court will officially appoint an executor or administrator and issue Letters of Administration (or Letters Testamentary). These letters grant the legal authority to act on behalf of the estate.

Executors are granted one of two authority levels:

Full Authority (IAEA – Independent Administration of Estates Act): Allows the executor to sell real estate without court confirmation, provided proper notices are given.

Limited Authority: Requires court oversight and approval for most major decisions, including the sale of real estate.

The type of authority has a big impact on how fast the probate sale can move. Full authority offers more flexibility, while limited authority often adds months to the process.

Step 3 – Gathering and Appraising Estate Assets

Once appointed, the executor’s first duty is to identify and value all assets in the estate. This includes bank accounts, investments, personal property, and real estate.

For homes, California requires an official valuation by a probate referee. The referee prepares an appraisal report (Form DE-160/161) within 120 days of appointment.

Executors must also:

File an Inventory and Appraisal form with the court.

Open a separate estate bank account to manage income and expenses.

Keep clear records of all estate transactions.

This step is critical because the referee’s appraised value determines how the home can be priced and sold later.

Step 4 – Notifying Creditors and Managing Debts

Probate isn’t just about distributing assets it’s also about settling debts. Executors must notify all known creditors that probate has been opened.

In California:

Creditors have four months from the appointment date to file claims.

Executors must review each claim and decide whether to accept or reject it.

Common claims include medical bills, credit cards, and taxes owed.

Failing to properly notify creditors can cause delays or even personal liability for the executor.

Step 5 – Handling Taxes

Executors are also responsible for filing necessary tax returns:

Federal Estate Tax: Applies only if the estate exceeds the federal exemption limit (over $12 million in 2023, so most estates are exempt).

California Property Tax Reassessment: Proposition 58/193 may exclude certain parent-child transfers from reassessment, but this must be filed timely.

Income Taxes: If the estate earns income (like rental income from the property during probate), fiduciary income tax returns may be required.

Capital Gains Taxes: If the property is sold, heirs usually benefit from a step-up in basis, meaning taxes are based on the value at the date of death, not the original purchase price.

Executors often work with tax professionals at this stage to avoid costly mistakes.

Step 6 – Selling the Probate Property

For many estates, the largest asset is the family home. Selling a probate property is one of the most important steps in the process.

Here’s how it works depending on authority:

Full Authority: The executor can list the property with a realtor, accept offers, and close escrow without going back to court (as long as proper notices are given to heirs).

Limited Authority: The sale must go through court confirmation. The buyer typically deposits 10% of the purchase price, and a confirmation hearing is set. At the hearing, other buyers may overbid, similar to an auction.

Key details to know:

The property must generally sell for at least 90% of the referee’s appraised value.

Buyers need to be patient court confirmation sales can add 60–120 days to the process.

Executors should clean, declutter, and (if possible) stage the home to attract stronger offers.

This is where having a probate-savvy realtor makes a huge difference. They understand court timelines, notices, and pricing requirements that are unique to probate.

Step 7 – Final Accounting and Distribution

After debts, taxes, and property sales are handled, the executor files a final accounting with the court. This accounting shows every dollar that came in and out of the estate.

The executor then petitions the court for final distribution. If approved:

Heirs receive their share of the estate.

The executor is discharged of responsibilities.

This step officially closes the probate process.

Typical Probate Timeline in San Diego County

While each estate is unique, here’s a general timeline:

Petition Filed & First Hearing: 30–45 days

Executor Appointed: Day of hearing

Inventory & Appraisal: Within 120 days

Creditor Claims Period: 4 months

Sale of Property: 60–120 days depending on authority

Final Distribution: Once all debts/taxes are settled

Total: 12–18 months for most estates. Longer if disputes arise, shorter if uncontested with full authority.

Final Thoughts

Probate is a complex process, but understanding the timeline makes it much more manageable. Executors who stay organized, communicate with heirs, and work with a probate-experienced realtor can reduce stress and move the process along smoothly.

If you’re handling a probate property in San Diego County, I can guide you through every step from filing to final sale.

Contact Jose Luis Tepox Jr. at (619) 485 8293 or click here.

The Probate Timeline Explained: From Petition to Property Sale

Are you buying or selling a home?

When are you planning on buying a new home?

Are you pre-approved for a mortgage?

Would you like to schedule a consultation now?

When would you like us to call?

Thanks! We’ll give you a call as soon as possible.

When are you planning on selling your home?

Would you like to schedule a consultation or see your home value?