How long probate really takes in California
Most Orange County probates run 12 to 18 months. Here is where the time goes, and what you can do with the house before it ends.
Short answer: plan on 12 to 18 months for a typical Orange County probate, and 9 months at the very fastest. The house can usually be sold well before the estate closes.
Where the time goes
- Weeks 0–8: Filing the petition
- Someone (usually the person named in the will, or a close relative if there is no will) files a Petition for Probate with the Orange County Superior Court. The court sets a hearing date, typically 6 to 10 weeks out depending on the calendar.
- Weeks 8–12: Letters issued
- If nothing is contested, the court appoints you as personal representative and issues "Letters" (Letters Testamentary if there is a will, Letters of Administration if not). Letters are what let you act for the estate: open an estate bank account, deal with the mortgage company, and list the house.
- Months 3–7: Notice to creditors and inventory
- Creditors get four months from the date Letters are issued to file claims. During this window you also file an Inventory and Appraisal; a court-appointed probate referee appraises the house as of the date of death.
- Months 3–12: Selling the house
- With full authority under the Independent Administration of Estates Act, you can list, accept an offer, give heirs 15 days' notice, and close without a court hearing. With limited authority, the sale has to be confirmed at a court hearing, which adds 6 to 10 weeks. More on that here.
- Months 9–18: Accounting and distribution
- Once claims are handled and taxes are filed, you petition for final distribution. The court approves, you distribute, and the estate closes.
What slows it down
- Someone contests the will or the appointment.
- Heirs cannot be located, or a notice was served wrong and has to be redone.
- The estate owes taxes or has creditor disputes.
- The court calendar. Orange County's probate department is busy; hearing dates slip.
What you can do early
Before Letters are issued you cannot sign a listing agreement, but you can: secure the property, keep the insurance and utilities paid, gather the deed and mortgage statements, and get a realistic idea of what the house is worth. None of that requires court authority, and all of it makes the later steps faster.
Does the house have to wait for the estate to close?
No. In most estates the house is sold in the middle of probate, and the proceeds sit in the estate account until final distribution. Selling early usually makes sense: an empty house costs money every month, vacancy can void the insurance, and the estate cannot distribute anything until the house is dealt with anyway.
Next guide: Full authority vs. limited authority: what it means for the house
Have a question about your own situation? Email me a photo of your Letters and the property address, and I will tell you what your authority means and what the house is likely worth. It costs nothing and there is no obligation.