If you’re a beneficiary waiting on a California probate case, you probably expected the process to wrap up within a year or so. That’s the timeline most attorneys quote, and it’s what the courts aim for in straightforward cases.
But here you are—12 months in, maybe longer—and there’s still no distribution in sight.
You’re not alone. Many California probate cases extend well past the one-year mark, and some drag on for two, three, or even four years. Understanding why this happens, what it means for your inheritance, and what you can do about it can help you navigate this frustrating situation.
Why California Probate Often Exceeds One Year
The typical California probate timeline runs 9 to 18 months for uncomplicated estates. But “uncomplicated” is doing a lot of heavy lifting in that sentence. In reality, many estates hit snags that push the timeline further out.
Common reasons probate exceeds a year include:
Court backlogs. California’s probate courts—especially in high-volume counties like Los Angeles, San Diego, and Orange County—are notoriously slow. Hearing dates may be scheduled months apart, and paperwork can sit in queues for weeks before being processed.
Real estate complications. If the estate includes property that needs to be sold, the timeline expands significantly. Listing, marketing, negotiating, and closing a probate property sale can add 6 to 12 months on its own—more if the sale requires court confirmation.
Will contests and disputes. When beneficiaries or potential heirs contest the will, probate essentially pauses while litigation plays out. Contested cases routinely take 2 to 4 years to resolve.
Creditor claims. California law requires a 4-month creditor claim period. If creditors file claims that the executor disputes, resolving those disputes takes additional time.
Executor issues. An unresponsive, disorganized, or uncooperative executor can slow everything down. If the executor isn’t filing required documents on time, the whole case stalls.
Tax complications. Estates with complex tax situations—multiple income sources, business interests, or potential estate tax liability—require more time for proper filing and clearance.
Missing heirs or beneficiaries. If the executor can’t locate all beneficiaries, the court won’t authorize final distribution until reasonable efforts have been made to find them.
For a deeper dive into what might be stalling your specific case, see our guide on 8 common reasons California probate takes so long.
What Happens to the Estate While Probate Drags On
While probate remains open, the estate exists in a holding pattern. Here’s what that means practically:
Assets remain frozen. Bank accounts, investment accounts, and real property titled in the decedent’s name cannot be distributed to heirs. The executor can access estate funds to pay legitimate estate expenses, but beneficiaries cannot touch their inheritance.
Bills keep coming. Property taxes, mortgage payments, insurance premiums, HOA dues, and maintenance costs on estate property continue to accrue. These get paid from estate funds—reducing the amount ultimately available for distribution.
The estate may earn income. If estate assets generate income (rental property, dividends, interest), that income belongs to the estate and will eventually be distributed. But it also creates tax filing obligations.
Executor and attorney fees accumulate. The longer probate takes, the more work the executor and attorney do—and the higher their fees. California’s statutory fee structure is based on estate value, but extraordinary fees for complex situations can add up.
Your Rights as a Beneficiary During Extended Probate
Just because probate is taking a long time doesn’t mean you’re powerless. As a beneficiary, you have rights:
Right to information. You can request accountings from the executor showing how estate funds are being managed. If the executor refuses to communicate, that’s a problem—and potentially grounds for court intervention.
Right to petition the court. If you believe the executor is mismanaging the estate or causing unnecessary delays, you can petition the court for an accounting, for removal of the executor, or for other relief.
Right to object. If the executor takes actions you believe are improper—selling property below market value, paying themselves excessive fees, or making questionable distributions—you can file objections with the court.
Right to legal representation. You can hire your own attorney to represent your interests in the probate proceeding. In some cases, attorney fees for beneficiaries can be paid from the estate.
Financial Strain: The Hidden Cost of Probate Delays
The legal timeline is one thing. The personal financial impact is another.
When you’re expecting an inheritance, you may be counting on those funds to pay off debt, cover living expenses, make a major purchase, or simply provide financial security. Every month that probate drags on is another month you’re waiting.
Meanwhile, life doesn’t pause:
- Bills come due
- Emergencies happen
- Opportunities pass by
- Property taxes on inherited real estate need to be paid
- You may be helping cover estate expenses out of pocket
This financial pressure is real, and it’s one of the most stressful aspects of extended probate.
Options for Heirs Stuck in Long Probate Cases
If your probate case has exceeded a year and you need access to funds, you have a few options:
Push for faster resolution. Work with the estate attorney (or hire your own) to identify what’s causing delays and push for faster action. Sometimes a strongly worded letter or a court filing can motivate an unresponsive executor.
Request a preliminary distribution. In some cases, the court may approve a partial distribution to beneficiaries before probate closes. This typically requires all debts and taxes to be resolved or adequately reserved for, and all beneficiaries to agree.
Get a probate advance. A probate advance allows you to access a portion of your expected inheritance now—without waiting for the case to close. Unlike a loan, there’s no credit check, no monthly payments, and no personal liability. The advance is repaid from your inheritance when the estate eventually distributes.
For heirs stuck in probate limbo, an advance can bridge the gap between “waiting” and “moving on with your life.”
When to Be Concerned About Probate Length
Some delays are normal. Others are red flags.
Normal delays:
- Court scheduling backlogs
- Time needed to sell real estate
- Standard creditor claim period
- Tax return preparation and filing
Red flags:
- Executor not returning calls or providing updates
- No court filings for months at a time
- Executor refusing to provide accountings
- Unexplained depletion of estate assets
- Conflicts of interest (executor benefiting at others’ expense)
If you’re seeing red flags, it may be time to consult with your own probate attorney about your options—including potentially petitioning to remove the executor.
Can You Force Probate to Close?
Not directly, but you can apply pressure.
If probate has been open for an unreasonable amount of time with no valid explanation, you can:
- Send a written demand to the executor requesting a timeline for completion
- Petition the court for a status conference or accounting
- File a petition to remove the executor if they’re causing unreasonable delays
- Request the court set a deadline for specific actions
Courts generally don’t like probate cases that drag on indefinitely. If you can show the delay is due to executor negligence or misconduct, the court has tools to move things along.
The Bottom Line
Probate taking more than a year is frustrating, but it’s not unusual in California. Complex estates, court backlogs, property sales, and disputes all contribute to extended timelines.
As a beneficiary, you’re not powerless. You have rights to information, the ability to petition the court, and options for accessing funds while you wait.
If you’re stuck in a long probate case and need financial relief, ProbateLend can help. We specialize in California probate advances—getting heirs access to their inheritance in as little as 24-48 hours, with no credit check and no monthly payments. Contact us today to learn how much you may qualify for.