In order to understand how much time it takes to probate an estate, first we have to understand what probate actually is.

Probate is what happens when a loved one passes away with a will in place or without having completed any documents prior to death. As a result, assets are being routed through a court process known as probate.

Probate With Attorney

Let’s explore the timeline when the probate case has an attorney guiding it through the probate system. One of the advantages of hiring an attorney is that the attorney is already familiar with the procedure. Presumably, the attorney already knows what they’re doing, and if they’re knowledgeable in this area, they’ll be able to guide your case smoothly from start to finish. This is critical because, in probate, the judge, the court staff, and the people involved on the court side are not legally permitted to assist you. An attorney will guide you through your probate case from start to finish in a year to two years, which is standard. If there are no conflicting issues, the probate case can be opened in four or five months. A probate cannot be completed in California in less than four to six months. There is a four-month holding period for creditor claims, and it takes about a month to file and receive your petition, as well as your letters, to begin the case.

Probate Without Attorney

Now let’s look at the process when the client has decided to represent themselves and not hire an attorney. Whenever we have someone self-representing or representing themselves, we always see at least a year added to the normal course of a probate proceeding based on my experience. It takes minimum of a year and a half to as long as five years.

Why is this the case? Frankly, because most non-attorneys are not familiar with the procedures of the court and get stuck on procedural issues. For example, you fail to give notice to the beneficiaries of a pending hearing. At the hearing the judge says “I will be continuing this hearing because you failed to give notice to the beneficiaries.” The person self representing may say “ok, how do I do that.” The Judge is not allowed to guide or give you legal advice and so the case gets stuck on a very simple issue.

It is always better to hire an attorney to represent you but even more so if you hire a certified specialist probate attorney to guide you because we have specialized knowledge of this area of the law and most importantly the procedures of the court. Contact our office for a free consultation to see if we can help you with your case.