How Long Does Probate Take in Orange County, CA?

Losing a loved one is a devastating process and can often leave a person with responsibilities they neither expect nor feel prepared for. When a large estate is left behind by the decedent, these duties can include engaging with California’s probate courts. However, this can feel like a complex, obscure system, and can reasonably leave you asking: just how long does probate take in Orange County, CA?

When Does Probate Need to Occur?

Essentially, probate is the process by which large estates are accounted for to ensure that their eventual disbursement to heirs is done legally. In California, when a decedent leaves behind an estate worth $184,500 or more, probate must occur. Filing for probate is a necessary step for estates that meet the threshold. In these cases, it is wise to work with an Orange County probate lawyer.

In Orange County in 2023, over 2,000 filings were made with probate courts. It is important to understand that if a large estate is left behind and the probate process does not take place, disbursement to heirs may not have the force of law behind it, and therefore, stated beneficiaries may be barred from accessing an estate’s funds.

The Probate Process

The probate process can be difficult. To understand the somewhat fluid timeframe that accompanies probate, it is important to understand the steps taken in the process.

When a loved one passes with an estate that meets the probate threshold, a petition must be filed by the executor of their will with the probate court in the county where the decedent lived. During the hearing, a Personal Representative of the Estate will be appointed. This is usually the executor of the decedent’s will.

The Personal Representative will then take steps to account for the deceased’s estate in total, obtaining appraisals of the different items, properties, and investments of the estate. During this time, state and federal tax issues will be resolved by the executor, as well as any liens and payments that need to be made to creditors.

Once this is done, a final report will be made to the probate court, where a judge will review the work of the Personal Representative. If the judge decides all steps have been followed appropriately, they will order the distribution of assets according to the decedent’s will. If there is no will, the distribution of assets will be done in accordance with California intestacy laws.

It is only at this point that disbursement to named beneficiaries will occur. Even at this stage, actually receiving any money from the estate may take several weeks as appropriate paperwork is filed.

Expediting Probate Payments, Pros and Cons

Occasionally, a beneficiary will not want to wait to access funds from an estate during the probate process. Some loan companies will offer mechanisms to access an estate’s value. These are known as “probate cash advance services.”

Often, a company will offer to loan either a portion or all of an estate’s value on the condition that they receive a percentage of the final estate once it is released from the probate process. The percentages vary but can range from 10% to 50% of the cash value.

In general, the cons of such a service far outweigh the benefits. While an estate valuation may be made available to beneficiaries quicker, they will lose a possibly significant portion of their overall disbursement. It also ties a beneficiary to a creditor. California has the 16th highest national debt ratio for individuals, and it may not be wise to enter the probate disbursement process with a deficit.

FAQs

Q: What Is the Average Time for Probate in California?

A: The average time it takes for probate to be completed in California can vary. This is due to the meticulous steps an executor must take when completing the probate process. Appropriate paperwork must be filed, the deceased’s assets must be completely accounted for, tax and creditor issues must be addressed, and court procedures must be observed. Due to these factors, the process, in general, takes anywhere between nine to eighteen months, on average.

Q: How Long Before I Get My Money After Probate Is Granted in California?

A: In general, there is no set time limit for when money disbursements are given after probate is granted in California. Normally, after an executor’s final report has been approved by the court and a judge has ordered the distribution of assets, an inheritor can expect to receive a check within a few weeks. There are some companies that offer “probate cash advance services,” which assist in expediting this process, but they often charge a substantial percentage.

Q: What Are Some Factors That Can Slow the Probate Process in California?

A: There are many things that may contribute to a probate process taking longer than expected. In general, the more complex the estate, the longer the process may take. If there are a large amount of assets to identify, it may be one reason. If there are outstanding tax or credit issues on the part of a decedent, maybe another. Ultimately, each estate is unique, and while it may be painful, it is important to be patient and let the process proceed at its own necessary pace.

Q: Who Gets Paid First in Probate in California?

A: Federal and local governments are the first to be paid in the probate process. These payments are usually in the form of tax obligations. For example, estate taxes and a final income tax must be filed on the part of the decedent by the executor during the probate process. This is an important step to ensure that the probate process can continue unobstructed. If it is not done, probate may not be granted by the courts.

Contact Us

At Kevin Rice, Attorneys at Law, we have been assisting the Huntington Beach and greater Orange County community for decades, addressing a variety of legal matters. Our talented attorneys have extensive experience in dealing with the probate process and are ready to assist you in any way they can.

Feel free to contact us today for a consultation with one of our lawyers, and let us help you find a resolution.