How Long Does Probate Take in California, and Can I Sell the House During It?

How long does probate take in California, and can you sell the house in Orange County while it's going on? Probate often takes about 9 to 18 months, and in many cases the house can be sold during that time by the personal representative the court appoints.

I'm Jeanette Nelson, a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas. When a family is settling an estate, the house is often the largest asset and the one that raises the most questions. Knowing the steps can make the months ahead feel more manageable.

The California Courts self-help guide says the entire process typically takes 9 to 18 months and can sometimes take longer. It also notes that courts usually require a report a year after the personal representative is appointed.

The statewide self-help guide describes three main parts: opening a case, administering the estate, and closing the estate. In everyday terms:

1. Opening the case. Someone files a petition with the Superior Court. In Orange County, that's the Orange County Superior Court. The court appoints a personal representative and issues Letters, the document that gives that person authority to act for the estate.
2. Administering the estate. The personal representative notifies creditors, takes inventory, manages and protects assets, pays valid debts, and may sell property.
3. Closing the estate. The representative asks the court to approve final distribution to the heirs.

Creditors get a set window to file claims. The Orange County Superior Court's self-help page explains that a creditor's claim must be filed by the later of four months after Letters were first issued, or 60 days after the Notice of Administration was given to that creditor.

The court page also says the inventory is due within four months after appointment. The estate can't be closed until the creditor period has run and valid debts are handled.

Often, yes. The key is what kind of authority the court gave the personal representative. The Orange County Superior Court's self-help page explains two paths.

Full authority. The personal representative may sell or exchange real property after giving a Notice of Proposed Action, Form DE-165, to the people entitled to it. The notice must be delivered at least 15 days before the date of the proposed action. If no one objects, the sale can move forward without a court hearing. If everyone entitled to notice signs a consent or waiver, the wait can be shortened.

Limited authority. The personal representative must have a hearing and get court approval before selling real property.

If someone objects to a Notice of Proposed Action, the court page says the personal representative can't complete the sale independently and must seek court supervision. The court page also recommends talking with an attorney experienced in probate sales.

To learn how a court-supervised sale works, including overbids, read what court confirmation means in a California probate sale.

While probate moves along, the house still needs care. Families usually think about:

• Insurance. Make sure the home stays insured. A vacant home may need a different policy, so call the insurance agent.
• Mortgage payments. Keep paying any loan while the estate decides. See what happens to the mortgage when you inherit a house.
• Security and upkeep. Lock up, keep utilities on as needed, and check on the home.
• Belongings. Decide what family members want to keep before any sale.
• A pricing plan. Recent like-kind sales nearby help set expectations.

This is general information, not legal advice. Probate rules are detailed, and a probate attorney should guide the legal steps. If you're not sure probate is needed at all, read do I need probate to sell an inherited house in California.

If your family is settling an estate and the house is part of it, I'd love to sit down with you for a private planning conversation. We can talk through your family's goals and timeline, and I'll work alongside your probate attorney on the real estate side. Call or text me at 714.366.8575 | DRE: 01397168, or contact me. You can also read more on my probate sales page. Jeanette Nelson is a REALTOR® with Jeanette Nelson Real Estate, Keller Williams Realty, serving Orange County, Huntington Beach, Costa Mesa, Fountain Valley, and surrounding areas.