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Kerri Mast: There is a range regarding how long it takes to settle an estate and several factors at play, including the asset value and complexity. Simple estates might be settled within six months. Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle.
Whether an estate has to be probated depends on how the decedents (the person who has died) property is titled (owned) when they die. Some property may not be part of the probate estate because it passes directly to another person by law.
While there is no specific statutory deadline in California, executors are expected to complete distributions within a reasonable timeusually within 30 to 60 days of court approval. Failing to distribute assets promptly may expose the executor to legal challenges or liability for damages.
It typically takes anywhere from half a year to eighteen months, and complicated cases may take as long as two years or more. However, having an idea of how long a case may take helps you understand the process. Why Does Probate Take So Long?
For uncontested and informal probate cases, you can expect the estate to be settled in six to eight months, assuming the personal representative completes their duties in a timely fashion. However, more complicated estates and those going through formal or supervised probate can take much longer to settle.
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An Informal Petition may be submitted to the Court for review and consideration after giving just seven (7) days advance notice to the interested parties. Unlike the informal procedure, a Petition for Formal Probate is filed with the Court prior to giving notice.
While an executor is generally expected to settle an estate within 12 months, there are reasons that the executor may file for an extension that allows for additional time to address complex issues related to the probate case.
The purpose of the deceased estate 3-year rule is to provide the estate executor or beneficiary sufficient time to manage and distribute the estates assets. It is important to note that this rule is conditional; for example, the property cannot be used to generate rental income during this three-year period.

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