Why Is Probate Taking So Long? What Heirs Can Do When an Estate Stalls

Probate usually stalls at one of a handful of points. The first hearing gets reset, the inventory is late, a house has not sold, a tax matter is open, or someone has objected. Each one has a different cause and a different thing an heir can ask for, so the first step is finding out which one your case is sitting on.

If you are reading this, the date someone gave you has probably come and gone. Many heirs who call us are well past it. Below, we show you how to find where your case is stuck, what you can ask for at each point under California law, how common each delay is in the court dockets we have reviewed, and how to get part of your inheritance without waiting for the court calendar.

Why Is Probate Taking So Long?

Because the estate is waiting on something specific. In most stalled cases it is a reset hearing, a missing inventory, an unsold house, a tax filing, or a dispute.

Probate is a sequence, and each step has to finish before the next one starts. Our guide to how long probate takes covers the full sequence and the benchmarks by state. This page is for the case that has already gone past them. Find your situation in the table.

The last row is the one that should worry you. California requires the executor to petition for final distribution or file a status report within one year after letters issue, or 18 months when a federal estate tax return is due. Our guide to what an executor cannot do explains what happens when that deadline passes with nothing filed.

How Common Are These Delays?

Very common. In the California estate dockets we reviewed, four in ten cases had the first hearing reset, and fewer than half filed the inventory on time.

California does not publish how long probate takes, so we measured the stages ourselves from 1,350 court dockets. Three findings matter if your case feels slow.

• Reset hearings. In 953 cases with a hearing record, 40% had the hearing on the petition set on more than one date before anyone was appointed, and 18% needed three or more dates. Each reset moved the hearing a median of 42 days.
• Late inventories. The inventory and appraisal is due four months after letters. Of 764 estates with letters at least a year old, 45.5% met that deadline. Another 36% filed within the year.
• The last step is short. Once the final petition was on file, the court approved it a median of 80 days later in 403 cases. The long wait is nearly always before that petition, not after it.

Keep in mind what this sample is. About three quarters of these cases involve an heir who took an inheritance advance, so they describe estates like yours more than they describe every California probate. The method and the full stage-by-stage table are in our California probate statistics.

How Do You Find Out Where Your Case Is Stuck?

Read the court file. Probate cases are public, and the register of actions lists every petition, inventory, objection, and hearing date in order.

Many California superior courts post the register online, searchable by case number or by the decedent's name. Look for three things. Have letters issued, and on what date? Is there an inventory and appraisal? Is there a petition for final distribution or a status report? Those three answers place the case in the table above. If the answer to the first question is no and all you have is the court's Notice of Petition to Administer Estate, the case is still at the starting line, and our guide to what the DE-121 notice means for an heir explains what happens between that notice and letters.

Then ask the estate's attorney two questions in writing. What has to happen before the estate can distribute, and when do you expect it? A written question gets a more careful answer than a phone call, and it gives you something to point to later.

You can also put yourself on the mailing list. After letters issue, any heir or beneficiary can file a Request for Special Notice under Probate Code § 1250, using Judicial Council form DE-154 (opens in a new tab). From then on you receive notice of petitions, inventories, accounts, and status reports as they are filed.

Is It Normal for Probate to Take 2 Years?

It can be. An estate with a house to sell, a tax return to clear, or a contested claim often runs that long. A simple estate should not.

The useful question is whether the delay has a reason on the record. Past the one-year mark, a California executor who is not ready to close has to file a status report that states the condition of the estate, why it cannot be closed, and how much more time it needs. Two years with a status report and a pending sale is a slow estate. Two years with no report and no explanation is a different problem, and the law treats it differently.

Los Angeles makes this visible. In 396 Los Angeles cases we reviewed, the court itself scheduled a hearing to check on the final distribution petition or a status report, and it set that date a median of 563 days after filing. In other words, the court plans to ask about your case at around 18 months whether or not anyone complains.

Can You Speed Up Probate?

You cannot make the court move faster. You can remove the delays that come from people, and you can use the deadlines the law already sets.

• Return what you are sent. Waivers, consents, and receipts that sit unsigned hold up the whole estate, not just your share.
• Ask why a hearing was continued. A hearing usually moves because something the court asked for is missing. Many California courts post the examiner's notes before the hearing. Ask what the notes required and whether they have been cleared.
• Use the one-year mark. After a year without an account, the court must order one on request. Any interested person can also ask the court to order the executor to appear and explain why the estate cannot be closed.
• Save removal for real neglect. Long neglect is a ground for replacing an executor, but a removal fight adds months of its own. It is the last tool, not the first.

None of this is quick. Each step moves the estate forward, and none of them puts money in your account this month.

What Can You Do While Waiting for Probate?

Three things. Ask the executor for a partial distribution, cover the gap on your own credit, or sell part of your expected share for cash now.

A partial distribution is your own money at the lowest cost, and in California you can petition for one yourself two months after letters. Our guide to whether the executor can give you an advance walks through that request. A personal loan works when your credit is strong and the end is in sight, and we compare it with the alternatives in getting your inheritance early.

A probate advance is the one option that does not depend on the court calendar or on the executor. It is a purchase, not a loan. A funder pays you a lump sum now and is repaid from your share when the estate distributes. You make no monthly payments, your credit is not checked, and if the estate pays out less than expected, the funder absorbs the loss.

Catalina Structured Funding is a direct funder. We use our own capital and make the decision in-house, and we can fund an heir before letters have issued once a probate case is on file. We also fund some contested estates. Advances run from $3,000 to $250,000, and the amount we quote is the amount you receive. Get a quote from one or two other companies as well. We know what happens when heirs compare. If you want to talk through where your case stands, call us at (800) 317-3769 and we will tell you within 24 hours what your share qualifies for.

Frequently Asked Questions

Why does probate take so long?

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Because each step has to finish before the next one starts, and several steps have waiting periods built in. In California, creditors get at least four months to file claims, the inventory is due four months after letters, and a house has to be sold or transferred before its value can be distributed. Reset hearings and disputes add to that.

Is it normal for probate to take 2 years?

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It can be. An estate with a house to sell, a tax return to clear, or a contested claim often runs that long. California expects a petition for final distribution or a status report within one year of letters, so an estate past that mark owes the court an explanation.

Can you speed up probate?

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You cannot make the court move faster, but you can remove delays that come from people. Return waivers and consents quickly, put questions to the executor in writing, ask what the court's notes required when a hearing is continued, and use the one-year mark to ask for a status report or an accounting.

Why does the probate hearing keep getting continued?

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A hearing is usually continued because something the court asked for is missing, such as a notice, a document, or a correction to the petition. In CSF's review of 953 California estate cases, 40% had the first hearing set on more than one date. Ask the estate's attorney what the court's notes required and whether they have been cleared.

What can I do if the estate is still not settled after two years?

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Ask the court to act. In California any interested person can petition for an order requiring the executor to explain why the estate cannot be closed, and after one year the court must order an accounting on request. Long neglect is also a ground for removing the executor. A probate litigation attorney can tell you which step fits your case.

Can I get money from the estate before probate ends?

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Yes, two ways. The court can approve a preliminary distribution when the estate can still cover its debts, or you can sell part of your expected share to a probate advance company for cash now. An advance needs no court hearing and no permission from the executor.

If the estate has run past every date you were given, part of your inheritance can still reach you now. Catalina Structured Funding advances heirs a portion of their expected share, with approval based on the estate and not on your credit. Call (800) 317-3769 or request a free quote online.