If you’ve ever inherited money or property in California, you’ve probably wondered, “How long does it take to get my money after probate is granted?”
It’s a question that’s more common than you might think—and for good reason. Waiting can be stressful, especially if you’re counting on that inheritance to cover bills, medical expenses, or other financial needs.
Let’s break it down together and take a closer look at the probate process, why it takes time, and what factors might speed things up—or slow them down.
What is Probate and Why does it Matter?
Before we dive into timelines, let’s get a quick overview of probate. Probate is the legal process for distributing a person’s assets after they’ve passed away. It ensures debts are paid, taxes are settled, and the remaining assets are distributed to beneficiaries according to the person’s will—or state law if there isn’t a will.
In California, probate can feel like a long road. The process is designed to protect everyone involved, including creditors and beneficiaries, but that doesn’t mean it’s fast. Even after probate is granted, there are still several steps to work through before you see any money.
Probate Process in California
The probate process can take anywhere from a few months to a couple of years depending on the complexity of the estate. Let’s break it into stages to give you a clearer idea of what happens and how long each part might take.
1. Initial Steps (0–6 months).
- Petition for Probate: The process begins with someone filing a petition to open probate. This is usually the executor named in the will or, if there’s no will, a close family member.
- Appointing the Executor: Once approved by the court, the executor or administrator is officially in charge of handling the estate.
- Notifying Creditors and Beneficiaries: California law requires that creditors and beneficiaries be formally notified, giving creditors time to file claims.
2. Inventory and Appraisal (6–12 months).
The executor is responsible for identifying and valuing all assets in the estate. This includes everything from bank accounts and real estate to personal property. It takes time to locate, appraise, and document these assets—especially if there’s a business involved or property spread across different locations.
3. Settling Debts and Taxes (12–18 months).
Once the assets are inventoried, debts and taxes must be paid. California allows a four-month creditor claim period after notice is given, which can slow things down. Additionally, federal estate taxes (if applicable) may require filing Form 706, which can extend this phase by several months.
4. Final Distribution and Court Approval (18–24 months).
The final step involves preparing an accounting of all transactions during probate, getting court approval to distribute assets, and then transferring the money or property to beneficiaries. Once this is done, the probate case is officially closed.
What Factors Affect How Long You Wait?
Every estate is different, and the timeline for receiving your inheritance depends on several factors.
1. Estate Complexity.
Larger estates with multiple types of assets, such as real estate, investments, or businesses usually take longer to settle. For instance, selling a property or transferring shares in a company can add months to the process.
2. Presence of a Will.
If the deceased left a clear and valid will, the process is often smoother and faster. On the other hand, if there’s no will (intestacy), the court has to follow strict rules for determining heirs, which can take time.
3. Creditor Claims.
Creditors have up to four months to submit claims after receiving notice. If disputes arise over which claims are valid, this can delay the process further.
4. Tax Obligations.
Estates subject to federal estate taxes may require filing a return, which can take months for the IRS to process. Any delays in tax matters can push back the final distribution timeline.
What Happens Right Before You Get Your Money?
The final steps in probate involve preparing the estate for distribution. This includes:
- Filing a final accounting with the court, showing all income, expenses, and distributions.
- Submitting a petition for distribution, asking the court to approve the plan for dividing the estate.
- Holding a court hearing where the judge approves the distribution and authorizes the executor to transfer assets.
At this stage, the executor can finally distribute the money or property to beneficiaries. While this sounds straightforward, any delays in earlier stages—like incomplete paperwork or disputes—can cause a ripple effect here.
Need Help Understanding Your Inheritance Timeline?
If you’re dealing with probate in California and feeling unsure about when you’ll receive your inheritance, reach out to us at Vistas Law Group. Whether you’re just starting the process or waiting for distribution, we’re here to provide the clarity and support you need.
Call us at (213) 745-8747 (Los Angeles) or 951-307-9154 (Inland Empire), or visit us online at vistaslawgroup.com to schedule a consultation. Let us help you get the answers—and the peace of mind—you deserve.