How Long Do You Have to File Probate After Death?

When a loved one passes away, the grieving process is often accompanied by a long list of legal and financial responsibilities—one of the most significant being the probate process. But how soon must you file probate after death? Understanding probate deadlines is crucial to protect the estate and fulfill legal obligations.

What Is Probate?

Probate is the legal process through which a deceased person's assets are distributed to beneficiaries and heirs, and debts are paid. The process is supervised by the probate court and often involves:

• Proving the validity of the will (if one exists),

• Appointing an executor or administrator,

• Notifying creditors and heirs,

• Paying debts and taxes, and

• Distributing remaining assets.

Probate Filing Deadline in California

In California, there is no hard deadline that requires you to file probate within a certain number of days after death. However, California Probate Code §8000(a) states:

“A petition for administration may be filed at any time after the decedent’s death.”

This means probate can be filed at any time after death—but that doesn’t mean you should delay.

Why Filing Promptly Is Important

Even though the law doesn’t impose a strict deadline, there are several practical and legal reasons to file as soon as possible:

1. Avoiding Financial Consequences: Assets like homes, bank accounts, and investments may remain frozen until probate is initiated.

2. Paying Debts and Taxes: Probate provides a legal method to notify creditors and handle tax obligations. Delays can lead to interest, penalties, or even lawsuits.

3. Protecting Heirs: Heirs may be left in limbo without access to their inheritance.

4. Preventing Legal Challenges: The longer probate is delayed, the greater the chance of disputes or challenges from other potential heirs or beneficiaries.

Deadlines Once Probate Is Filed

Once the probate process is initiated, California law imposes several deadlines:

• Notice of Petition for Probate: Must be published and mailed to all interested parties at least 15 days before the hearing.

• Inventory and Appraisal: Must be filed within 4 months after issuance of Letters of Administration (Probate Code §8800).

• Creditor Claims: Creditors have 4 months from the date Letters are issued to file claims (Probate Code §9100).

• Final Accounting: The executor should file a final accounting and petition for distribution "as soon as the estate is ready to be closed," typically within 12–18 months, although complex estates may take longer.

What Happens If Probate Is Never Filed?

If probate is never initiated:

• Real property and other titled assets may remain stuck in the deceased’s name,

• Creditors may eventually sue or file liens,

• Heirs may be unable to access or sell property,

• The estate may be considered abandoned or escheat to the state in rare cases.

Can You Delay Probate for a Strategic Reason?

Sometimes, people delay probate to gather documents, handle disputes, or plan for tax purposes. However, this should be done with professional guidance to avoid unintended consequences.

Final Thoughts

While California law does not set a strict deadline to file probate after death, timely action is highly recommended. Delaying the process can cause financial hardship, legal complications, and stress for surviving family members.

If you’ve recently lost a loved one and are unsure whether probate is necessary or when to begin, consulting a probate attorney can help you make informed, timely decisions.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.