If you’re months (or years) into a California probate case with no end in sight, you’re probably wondering what’s going wrong. You’ve done everything right. You’ve been patient. And yet your inheritance remains locked up in the court system.
You’re not imagining it—California probate really does take longer than most states. While a straightforward estate typically closes in 9 to 18 months, complicated cases can stretch to two, three, or even four years.
Understanding why your case is stalled is the first step toward resolving it. Here are the eight most common reasons California probate cases take forever—and what you can do about each one.
1. Court Backlogs and Scheduling Delays
California’s probate courts are notoriously overwhelmed, and some counties are worse than others. Los Angeles County, for example, handles thousands of probate cases annually with limited judicial resources. The result? Hearing dates scheduled months out, slow document processing, and delays at every stage.
Unfortunately, there’s little you can do to speed up the court itself. However, ensuring all filings are complete and error-free the first time prevents additional delays from rejected paperwork.
What you can do: Ask your probate attorney about the current backlog in your county. Some courts offer expedited procedures for simpler matters.
2. An Unresponsive or Disorganized Executor
The executor (or administrator) drives the entire probate process. When they’re disorganized, overwhelmed, or simply not prioritizing the estate, everything grinds to a halt.
Common executor-related delays include:
- Failing to file required documents on time
- Not responding to court notices or attorney requests
- Missing deadlines for inventory, accounting, or creditor notifications
- Poor communication with beneficiaries and professionals
If the executor isn’t fulfilling their duties, beneficiaries may have legal options—including petitioning the court for removal in extreme cases.
What you can do: Request regular updates from the executor. If communication has broken down entirely, consult with a probate attorney about your rights as a beneficiary.
3. Will Contests and Probate Litigation
Nothing derails a probate case faster than litigation. When someone contests the will—claiming undue influence, lack of capacity, fraud, or improper execution—the entire process stops while the dispute is resolved.
Will contests involve discovery, depositions, mediation attempts, and potentially a trial. A case that should have taken 12 months can easily stretch to three or four years when litigation is involved.
Even disputes that don’t rise to the level of a formal will contest can cause delays. Disagreements among beneficiaries about asset distribution, property sales, or executor decisions often require court intervention.
What you can do: If you’re involved in a dispute, consider mediation before escalating to litigation. If you’re a non-disputing heir caught in the crossfire, an inheritance advance can provide financial relief while you wait.
4. Complex or Hard-to-Value Assets
Estates with straightforward assets—bank accounts, a single residence, standard investments—move through probate relatively quickly. But complex assets create bottlenecks.
Assets that commonly cause delays include:
- Business interests or partnership shares requiring valuation
- Real estate in multiple counties or states
- Intellectual property, royalties, or ongoing income streams
- Collections (art, antiques, vehicles) requiring professional appraisal
- Cryptocurrency or other digital assets
- Property with unclear title or boundary disputes
Each of these requires specialized expertise to value properly, and the probate referee’s appraisal process adds time to the timeline.
What you can do: Push for appraisals to be scheduled as early as possible. If selling complex assets, work with professionals experienced in probate sales.
5. Real Estate Complications
Real estate is often the largest asset in a California estate—and frequently the biggest source of delays. Selling property during probate involves additional steps that don’t apply to regular real estate transactions.
Common real estate delays include:
- Determining whether IAEA (Independent Administration of Estates Act) authority applies
- Court confirmation hearings for sales without full IAEA authority
- The overbid process, where outside buyers can outbid the accepted offer in court
- Title issues, liens, or encumbrances that must be resolved before sale
- Disagreements among heirs about whether to sell or how to divide proceeds
- Property in poor condition requiring repairs or cleanup before listing
If the estate includes property that needs to be sold, expect the timeline to extend significantly.
What you can do: Ensure the executor has full IAEA authority if possible (this avoids court confirmation). Address title issues early and get the property market-ready as soon as legally permitted.
6. Creditor Claims and Debt Disputes
California law requires a four-month creditor claim period after the executor sends proper notice. During this window, anyone the deceased owed money to can file a claim against the estate. The estate cannot be closed—and assets cannot be distributed—until this period expires and all valid claims are resolved.
Delays occur when:
- Creditors file claims that the executor disputes
- Unknown creditors surface late in the process
- The estate lacks sufficient liquid assets to pay debts, requiring asset sales
- Tax debts or government claims create complications
- The executor fails to properly notify creditors, restarting the clock
If debts exceed available cash, the executor must prioritize payments according to California’s statutory order, which adds complexity.
What you can do: Ensure the executor publishes proper creditor notice immediately after appointment. Review any disputed claims with the probate attorney promptly.
7. Tax Issues and IRS Delays
Estates may owe income taxes (for the decedent’s final year and any income earned by the estate during administration) and potentially estate taxes for larger estates. Tax-related delays are common and frustrating.
Typical tax delays include:
- Waiting for the decedent’s final tax return to be processed
- Estate income tax returns that require multiple filings over the administration period
- IRS processing backlogs for estate tax returns (Form 706)
- Requests for estate tax closing letters, which can take 6+ months
- Audits or IRS inquiries that must be resolved before closing
The executor cannot make final distributions until tax obligations are settled, as they could be personally liable for unpaid taxes.
What you can do: File all required returns as early as possible. If waiting for an IRS closing letter, ask your attorney whether the estate can close without one (sometimes possible with proper reserves).
8. Missing or Hard-to-Locate Heirs
California law requires that all legal heirs receive proper notice of probate proceedings—even if they’re not named in the will. When heirs can’t be located, the process stalls.
This is especially common in cases involving:
- Estranged family members
- Heirs who have moved without forwarding addresses
- International beneficiaries
- Intestate estates (no will) with extended family entitled to inherit
- Adopted children or children born outside marriage
The court may require documented proof that reasonable efforts were made to locate missing heirs, including hiring a professional heir search firm.
What you can do: Begin heir searches early. If you know of family members who should be notified, provide that information to the executor or attorney.
What Can You Do While You Wait?
If your probate case is dragging on due to any of these issues, you have a few options:
Stay informed. Request regular status updates from the executor or probate attorney. Understanding where things stand helps you plan accordingly.
Address fixable problems. Some delays—like an unresponsive executor or disputed creditor claims—may be resolvable with the right legal action. Consult with an attorney about your options.
Consider an inheritance advance. If you’re facing financial pressure while waiting for probate to close, a probate advance from a reputable company like ProbateLend can provide immediate access to a portion of your expected inheritance. Unlike loans, inheritance advances require no credit check and no monthly payments—the advance is repaid directly from your share of the estate when probate closes. This can help cover living expenses, bills, or even attorney fees while your case works through the system.
The Bottom Line
Long probate delays are frustrating, but they’re rarely random. Court backlogs, executor issues, litigation, complex assets, and tax complications are the usual culprits. By identifying what’s causing your specific delay, you can work with your attorney to address it—or at least set realistic expectations for when the case will close.
If you’re stuck waiting and need financial relief now, contact ProbateLend to learn whether an inheritance advance is right for your situation. We work exclusively with California probate heirs and can often provide funding within 24-48 hours.