How Probate Works in California: A Timeline for Families
Understanding probate shouldn’t add to an already difficult season. Here’s what actually happens when a home becomes part of an estate, and what to expect along the way.
First: do you need full probate at all?
Not every estate has to go through the full court process. California has several shortcuts, and it’s worth checking whether one applies before assuming you’re in for a year of court dates:
- Small Estate Affidavit (Probate Code §13100): For personal property — bank accounts, investments, belongings — under a threshold that adjusts periodically for inflation. There’s a mandatory 40-day waiting period after the date of death before it can be used, and it does not apply if a probate case has already been opened.
- Affidavit for Real Property of Small Value (§13200): A simplified path for real estate below a much lower threshold — rarely relevant to San Francisco real estate given local home values.
- Petition to Determine Succession to Real Property, including under AB 2016 (§13151): A streamlined, no-full-probate path for a primary residence under a set value cap. This has helped many California families avoid full probate for a modest home — but San Francisco’s median home price sits well above that cap, so most San Francisco properties still require full probate.
*These thresholds adjust periodically under state law, and the numbers matter a lot for whether a shortcut applies to your situation. An estate or probate attorney can confirm the current figures and whether your estate qualifies.
If full probate is required, here's the general shape of it:
- Petition & Letters (roughly the first 4–8 weeks)
Someone — usually named in the will, or a close family member if there’s no will — petitions the Superior Court to be appointed as executor or administrator. The court issues Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t). Nothing can be sold before this happens.
At this stage, it also matters whether the court grants full or limited authority under the Independent Administration of Estates Act (IAEA). Full IAEA authority lets the executor handle most matters — including selling real estate — without a court hearing for every step, using a Notice of Proposed Action instead. Limited authority (or no IAEA authority at all) generally means a home sale requires formal court confirmation.
- Inventory & Appraisal
The executor identifies and lists all estate assets. Real estate is appraised by a probate referee — a court-appointed appraiser, not a real estate agent — as of the date of death. This appraised value becomes an important reference point, including for the eventual sale price and for tax purposes.
- Notice to Creditors (roughly 4 months)
Creditors get a window, typically around four months from when letters are issued, to file claims against the estate. This period often runs in parallel with preparing and marketing the home — it doesn’t necessarily delay listing the property.
- Selling the Property
This is where the path splits, depending on the authority granted in step one:
- Full IAEA authority: The executor can accept an offer and proceed much like a standard sale, after providing 15 days’ Notice of Proposed Action to beneficiaries (who can object).
- No IAEA authority, or limited authority: The accepted offer, increased by 5% plus $500, becomes the opening bid at a court confirmation hearing, where other buyers can appear and overbid in increments set at the discretion of the judge. The court confirms the highest bid, and that becomes the final sale.
- Final Accounting & Distribution (often 9–18 months after the petition, sometimes longer)
Once the sale closes and any remaining matters are resolved, the executor files a final accounting with the court and, once approved, distributes the proceeds to beneficiaries according to the will, trust, or California’s intestate succession rules if there’s no will.
What actually determines the timeline
In practice, the biggest variables are: whether the estate qualified for a shortcut, whether IAEA authority was granted, how many beneficiaries are involved and whether they agree, and how contested (or not) the process is.
*This page is a general educational overview and is not legal advice. Every estate has its own facts, deadlines, and required filings — a California probate attorney should guide the legal steps for your specific situation.