Key deadlines and timelines in California probate include:
For a downloadable (pdf) of the California probate deadlines and timelines guide, click California Probate Deadlines and Timelines.
TYPE OF FILING
DEADLINES
Cal. Prob. Code
Petition To Establish Death
If administration pending, any time before filing of the petition for final distribution
Reporting Death To Director Of Health Care Services
No later than 90 days after Decedent’s death
Notice That Decedent’s Genetic Material Available For Purpose Of Posthumous Conception
Within· 4 months of issuance of death certificate OR· Entry of judgment determining Decedents death, whichever occurs first
Action To Impose Liability Under Section 249.6 (Improper Distribution Of Property After Receiving 249.5 Notice)
Within· 3 years after distribution of property OR· 3 years after discovery of fraud,whichever occurs later
Disclaimer Of Interest
Within reasonable time after person able to disclaim acquires knowledge of interest (9 months after death or vesting presumed reasonable)
Action To Establish Liability Of Decedent Covered By Insurance
Within 1 year after expiration of the limitations period otherwise applicable, if the limitations period otherwise applicable has not expired at the time of decedent’s death
Petition For Exempt Property
Upon filing of inventory or subsequently during administration of estate
Petition To Select And Set Apart Probate Homestead
Upon filing of inventory or subsequently during administration of estate
Petition For Small Estate Set Aside
Any time prior to entry of order for final distribution of estate
Petition For Administration By Named Executor In Will
Within 30 days of knowledge of decedent’s death or may be held to have waived right to appointment
Contesting Appointment Of Personal Representative
At hearing on petition or file written objections before hearing (hearing occurs 15-30 days, or upon request 30-45 days, from filing of petition)
Delivery Of Will To Clerk And Copy To Named Executor By Custodian Of Will
30 days after having knowledge of testator’s death
Petition For Probate Of Second Will
Later of· 120 days after issuance of order admitting first will to probate or determining decedent intestate, OR· 60 days after proponent first obtains knowledge of the will
Response To Will Contest
30 days after service of summons
Petition To Revoke Probate
· Within 120 days after a will is admitted to probate (not available to a party to a will contest or person who could have been a party with actual notice) OR· before entry of order for final distribution if petition filed by minor or an incompetent
Filing Inventory And AppraisalAndSection 480 Certification
Within 4 months after letters are first issued to a general personal representative
Written Objection To Appraisal
Anytime before hearing on petition for final distribution of the estate
Notice To Creditors
Within later of· 4 months after date letters are first issued· 30 days after personal representative first has knowledge of creditor
Filing A Creditor Claim
Expiration of the later of· 4 months after date letters are first issued to general personal representative· 60 days after date notice is mailed or personally delivered to creditor
Revision Or Amendment Of Creditor Claim
For no purpose after the earlier of· Order of final distribution of estate· 1 year after letters of administration first issued to general personal representative
Service Of Creditor Claim On Personal Representative
Within the later of· 30 days of the filing of the claim or· 4 months after letters issue to a personal representative with general powers
Notice Of Death To Director Of Health Care Services/Director Of California Victim Compensation Board/Franchise Tax Board
Not later than 90 days after the date letters are first issued to a general personal representative
Action On A Rejected Claim
90 days from notice of rejection (rejection assumed if refusal or neglect to act within 30 days of filing)
Contest The Validity Of An Allowed Claim
Any time before settlement of the report or account of the personal representative in which first reported as allowed
Claim On Action (When No Action Pending At Death)
· 90 days after notice of rejection given if claim due at time of notice· 90 days after claim becomes due if claim not due at time notice of rejection given
Claim On Action (When Action Pending At Time Of Death)
Application for order to substitute personal representative in action must be applied for within 3 months after notice of rejection given
Petition To Vacate Order Of Confirmation Of Sale
Within 60 days after confirmation of sale
Petition For Order Determining Amount Of Expenses Of Administration Of Encumbered Property
At any time before payment is made to satisfy all liens on the encumbered property sold
Action For Recovery Of Property Sold By A Personal Representative
The later of· 3 years after the settlement of the final account· 3 years after the discovery of any fraud upon which the action is based
Petition Requesting Allowance On The Compensation Of The Personal Representative Or Attorney For The Personal Representative
Any time after 4 months from issuance of letters
Petition Fixing And Allowing Personal Representative Compensation And Attorney For Personal Representative Compensation
At the time of the filing of the final account and petition for an order for final distribution
· 1 year after issuance of letters
Petition For Preliminary Distribution
Cannot be filed unless 2 months have elapsed after letters are first issued to general personal representative
Petition For Determination Of Persons Entitled To Distribution
Any time after letters issues and before order of final distribution
Petition For Order For Final Distribution Or Status Report Of Administration
· If no federal tax return required, within 1 year after issuance of letters· If federal tax return required, within 18 months after issuance of letters
Small Estate Affidavit – Personal Property
Must wait to file a minimum of 40 days after death
Petition For Order Determining Succession To Real Property (Small Estates)
Must wait to file a minimum of 40 days after death
Small Estate Affidavit – Real Property
Must wait to file a minimum of 6 months after death
Surviving Spouse Right To Dispose Of Community Or Quasi-Community Property
After 40 days from death of spouse
The California Probate Code says that a Petition for Order for Final Distribution should be filed within 1 year from issuance of letters of administration, in an estate where no federal tax return is required. If a federal tax return is required, the petition should be filed within 18 months of issuance of letters. These deadlines apply to California probates that are not heavily litigated. If the probate involves a will contest or other litigation, the estate will remain open longer.