California Probate

The Probate Process.

I’ve laid out the probate process as a clear, step-by-step timeline. Whether you’re just getting started or deep into the process, this guide shows what to expect and how we can help at each stage.

Written by Luis, Military and VA Realtor serving North County San Diego
Updated October 2026

01

Start

• File Petition for Probate
• Notice of 1st Court Hearing (Published in Newspaper)

02

5 to 6 Weeks

• Court Hearing
• Letters of Administration / Testamentary Issued
• Executor or PR (Personal Representative) officially authorized to act

03

2 Months

• Letters Issued by Court
• Order for Probate
• Duties & Liabilities of PR
• Issue Bond (if required)
• PR begins collecting key documents and financial records
• Attorney may request initial inventory or appraisal
• Start early conversations about sale strategy

04

90 to 120 Days (Post-Letters)

Within 90 Days of Letters:

• Send Notice To:
  • Franchise Tax Board
  • Dept of Health Care Services
  • Victims Compensation Board

Within 120 Days of Letters:

• Gather Assets
• File Inventory & Appraisal Form
• Notice to Creditors
• Allowance or Rejection of Creditors’ Claims

*Coordinate with CPA or legal team to ensure tax documents are filed properly.

05

Real Estate & Sale Process (Can Begin After Letters Are Issued)

• Sign Listing Agreement (Full or Limited Authority under IAEA)
• Determine Selling Strategy (As-Is or Retail)
• Open Escrow
• Estate EIN + Bank Account Setup
• Notice of Proposed Action (15-day waiting period if required)
• Court Hearing to Confirm Sale (if Full Authority not granted)
• Overbidding Process (only if required)
• Court Order for Sale
• Draw Loan Docs / Close Escrow

06

6 Months

• Pay Taxes:
  • Prop 58 / Prop 193
  • Capital Gains
  • File Form 706 (Estate Taxes, if applicable)
• Petition for Final Distribution (Accounting)
• Court Hearing Scheduled

07

12+ Months

• Receipt on Distribution
• Ex Parte Petition for Discharge
• Case Closed
• The Process is over