How To Speed Up the California Probate Process

Probate in California can feel like a long and frustrating waiting game. With an average duration of 9 to 18 months, families often find themselves stuck in limbo—unable to access estate funds, sell property, or move forward after a loved one’s passing.

The good news? While you can’t eliminate probate entirely (unless proper planning was done before death), there are ways to speed up the California probate process. Here’s how.

How to Speed Up the Probate Process

1. File the Petition for Probate ASAP

The sooner you file the petition with the California Probate Court, the sooner the clock starts. Don’t wait for all the paperwork to be perfect. You can gather supporting documents (like the death certificate and will) quickly and supplement later if needed.

Pro tip: Many counties experience a 6–8 week backlog just to get a hearing date—filing early avoids getting stuck in line.

2. Use a Probate Referee Strategically

Once the probate is opened, a probate referee must appraise non-cash assets like real estate and investments. Delays in getting this done can hold up the entire process.

• Choose a referee quickly (they are assigned, but you can request reassignment if needed).

• Provide full and clear documentation up front—poor information results in delays or re-appraisals.

3. Avoid Common Paperwork Mistakes

Simple errors on forms like the Inventory & Appraisal or Notice of Petition to Administer Estate can lead to court rejections or continuances. This adds weeks or months to your timeline.

Work with an experienced California probate attorney to ensure that:

• All legal notices are properly served

• Court documents are correctly formatted and filed

• Deadlines aren’t missed

4. Communicate Proactively With Beneficiaries

Family conflict is a major cause of probate delays. Disagreements over asset distribution, executor authority, or perceived unfairness can lead to formal objections or litigation.

To avoid this:

• Keep heirs informed from the start

• Share financial updates transparently

• Address questions and concerns early—before they escalate

5. Request Independent Administration Authority

When you file the Petition for Probate, ask the court to grant Independent Administration of Estates Act (IAEA) authority. This allows you to:

• Sell real estate without court permission

• Pay debts and expenses without waiting for court approval

• Distribute assets more quickly

This authority streamlines the probate process and reduces unnecessary court hearings.

6. Close the Estate Efficiently

After debts are paid and the assets are ready to be distributed, don’t delay filing the Petition for Final Distribution. Courts often see long gaps between when estates could be closed and when they actually are.

To speed this up:

• Gather receipts and release forms from beneficiaries early

• Prepare an accurate accounting or request a waiver if eligible

• File your final petition with all supporting documentation in one complete package

7. Avoid Probate Altogether (For Next Time)

While this won’t help speed up a current probate, it’s important for families to plan ahead for the future.

To avoid probate:

• Create a revocable living trust

• Use Transfer-on-Death deeds for real estate

• Add payable-on-death (POD) or beneficiary designations to accounts

• Properly fund your trust (a common mistake that still lands people in California Probate Court)

Final Thoughts

The California probate process doesn’t have to drag on unnecessarily. With early action, clear communication, and professional guidance, you can shorten the timeline and reduce stress for everyone involved.

Whether you’re starting probate or just want to understand your options, working with a knowledgeable California probate attorney can help you move through the process faster—and with fewer headaches.

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.