How Long Does Probate Take in California in 2026? (Real Timelines + What to Expect)
California probate takes 9-18 months; most Riverside County estates finish in 12-15. 6 phases + the §10400 vs. §785 distinction every Inland Empire family should know.
Frequently Asked Questions
Can you sell a house while it's in probate in California?
Yes, and in most cases without court confirmation. In the majority of California probates the judge grants the personal representative full Independent Administration Authority under California Probate Code §10400, which lets them sell real property with a normal grant deed and close escrow like any other sale. Court confirmation (a noticed sale with an overbid hearing under §785 et seq.) is required only when the will restricts the personal representative's powers, full authority wasn't requested or wasn't granted, or the court otherwise requires it — a minority of cases.
What happens if no one files for probate within 90 days of death?
Nothing automatic. The estate stays open and assets remain titled to the deceased — meaning property can't be sold, mortgages accrue, and accounts stay frozen. Heirs should file within a year to avoid additional complications and potential personal liability for the personal representative.
Do you need a lawyer for probate in California?
Technically no — you can petition "in pro per." Practically yes. California probate has strict notice requirements, deadlines, and court rules. Mistakes can cost the estate money or create personal liability for the representative. Most Inland Empire estates use a probate attorney.
How much does probate cost in California?
Statutory fees alone (set by California Probate Code §10810) range from 4% of the first $100,000 of the estate down to 0.5% of amounts over $25 million. Most Inland Empire estates pay $10,000-$30,000 in total fees and costs, not including real estate commissions (typically 5-6% of sale price).
Can you avoid probate in California?
Yes, with a revocable living trust. Property titled to the trust at death passes to beneficiaries without court supervision, typically in 60-90 days. The trade-off: trusts cost $3,000-$7,000 to set up and require ongoing maintenance. For most Inland Empire families with real property, a trust pays for itself within one probate cycle.