Master Deadline Table
| Deadline | Timeframe | Authority |
|---|---|---|
| Deposit Will with Superior Court | Within 30 days of learning of death | Prob. Code §8200 |
| Initial hearing after petition filed | 4–8 weeks after filing | Local court scheduling |
| Newspaper publication of DE-140 | 3 consecutive weeks before hearing | Prob. Code §8124 |
| Mail DE-140 to heirs/devisees | At least 15 days before hearing | Prob. Code §8110 |
| Notice to known creditors | Within 30 days of appointment | Prob. Code §9050 |
| General creditor claim period | 4 months from Letters Testamentary | Prob. Code §9100 |
| Direct-notice creditor claim period | 60 days from direct notice (or remainder of 4-month period) | Prob. Code §9100 |
| File Inventory and Appraisal (DE-160) | Within 4 months of appointment | Prob. Code §8800 |
| Probate Referee appraisal | Within 60 days of assignment (Referee's deadline) | Prob. Code §8905 |
| IAEA Notice of Proposed Action (DE-165) | 15 days before acting (heirs may object) | Prob. Code §10580 |
| Final distribution hearing notice to beneficiaries | At least 15 days before hearing | Prob. Code §11601 |
| Final federal income tax (Form 1040) | April 15 of year after death | IRC §6012 |
| Final CA income tax (Form 540) | April 15 of year after death | CA Revenue & Taxation Code |
| Estate income tax (Form 1041 / CA Form 541) | April 15 (or 15th day of 4th month after fiscal year end) | IRC §6072(a) |
| Retain estate records | At least 7 years after closing | IRS + FTB audit windows |
Month-by-Month California Probate Calendar
Secure the home and assets. Forward mail. Begin collecting death certificates (order 5–8). Locate and deposit the Will with the Superior Court within 30 days (required by law). Notify Social Security, CalPERS/CalSTRS, VA, EDD, and other agencies.
Get the estate EIN from IRS.gov. Open the estate bank account. Prepare DE-111 (Petition for Probate) — check IAEA authority box. Prepare DE-140 (Notice of Petition). File with the Superior Court in the county of domicile. Pay the filing fee ($400–$1,000+). Schedule the initial hearing (4–8 weeks out).
Publish DE-140 in local newspaper 3 times (one per week for 3 consecutive weeks) before the hearing. Mail DE-140 to all heirs and devisees at least 15 days before hearing. Attend the initial hearing — receive DE-147 (Duties and Liabilities). Obtain Letters Testamentary (request 5+ certified copies).
Send written notice to all known creditors within 30 days of appointment. Publish creditor notice in local newspaper. The 4-month creditor period begins running from Letters issuance date. Immediately contact the court-appointed Probate Referee — they have up to 60 days to complete their appraisal. Begin preparing DE-160 (Inventory and Appraisal).
File completed DE-160 with the Superior Court. Both the Probate Referee's appraisal (Part 2) and your cash/securities appraisal (Part 1) must be included. Confirm the Referee has signed off on all non-cash assets.
Use IAEA authority to sell real property, liquidate investments, and pay validated debts. Send DE-165 (Notice of Proposed Action) 15 days before any significant act. Review all creditor claims; pay legitimate debts in priority order. Do not distribute assets until the creditor period closes.
The 4-month general creditor claim period expires 4 months after Letters Testamentary were issued (typically around Month 6 from death). After this date, unknown creditors who did not file timely claims are generally barred. Begin final asset review and prepare for distribution.
File the deceased's final Form 1040 (federal) and Form 540 (California FTB) by April 15. If the estate earned income, file Form 1041 (federal) and Form 541 (California FTB). Hire a CPA — California's 13.3% top income tax rate can generate significant estate income tax. Prepare the Final Accounting of all transactions.
File DE-295 (Petition for Final Distribution) with the Final Accounting. Mail notice of final hearing to all beneficiaries at least 15 days before. Attend the final hearing — judge approves accounting and issues Order for Final Distribution.
Distribute assets per the court's Order. Obtain signed receipts from all beneficiaries. Close the estate bank account. Retain all estate records for at least 7 years. California probate is complete.
What Causes Delays in California Probate?
- Court scheduling backlogs: Los Angeles, Alameda, and other large counties can have 6–10 week wait times for hearings. Filing in a less congested county (where the deceased actually lived) helps.
- Probate Referee availability: The court assigns the Referee randomly. Some take 6–8 weeks to complete appraisals. Contact them immediately after appointment.
- Real estate sales: Using IAEA authority avoids court approval, but real property transactions still take 30–90 days to close.
- Tax return complexity: California's FTB is one of the most aggressive state tax agencies in the country. Complex estates may need extended filing deadlines.
- Heir disputes: Any contest of the Will, executor disputes, or creditor objections can add 6–24 months or more.
West Coast Probate Timeline Comparison
| State | Typical Timeline | Creditor Period | Court Hearings | Key Driver |
|---|---|---|---|---|
| California | 9–18 months | 4 months from Letters | 2 required (initial + final) | Court scheduling + Probate Referee |
| Washington | 6–12 months | 4 months from first publication | Minimal (non-intervention powers) | Creditor period |
| Oregon | 6–12 months | 4 months from first publication | More court involvement than WA | 60-day inventory + creditor period |
| Nevada | 4–8 months | 60 days from first notice | Moderate | Creditor period |
| Arizona | 5–9 months | 4 months from first publication | Minimal (independent administration) | Creditor period |
5 Tips to Keep California Probate on Schedule
- File the petition within 2 weeks of death. Every day you wait before filing delays your hearing date by one day. Courts book 4–8 weeks out from the filing date.
- Contact the Probate Referee the same week you receive Letters Testamentary. They have 60 days, but in practice you need their completion 2–3 weeks before the DE-160 filing deadline.
- Use IAEA authority to avoid return trips to court. Requesting IAEA on DE-111 and properly using DE-165 notices eliminates the need for court approval on most estate actions.
- Hire a CPA in Month 1 — not Month 11. California's FTB requires Form 541 for estate income tax. A CPA who starts early can identify planning opportunities (like the fiscal year election for Form 1041) that reduce taxes significantly.
- Communicate with beneficiaries every 60 days. California probate's 9–18 month timeline strains relationships. Regular updates prevent heirs from calling attorneys and triggering contested proceedings that add a year or more.
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