Is There a Deadline to File Probate in California?
California sets no fixed deadline to open a probate case, but that does not mean you can wait indefinitely. One real, statutory deadline does exist — whoever holds the decedent’s original will has 30 days to get it to the court — and several practical clocks start running the moment someone dies, whether or not anyone has filed anything. If you are still working out whether probate applies to the property at all, how title was held usually answers that question before timing does.
The One Real Deadline: Lodging the Will
Under Probate Code section 8200, the custodian of a will — whoever has physical possession of it, not necessarily the executor — must deliver it to the clerk of the superior court within 30 days of learning of the death, either in person or by certified mail. This applies even if no one intends to open a probate case right away. A custodian who sits on the will and causes someone else financial harm as a result can be held personally liable for those damages. The 30 days runs from when the custodian learns of the death, not from the date of death itself, but in practice those are usually close together.
Why “No Deadline to File a Petition” Is Misleading
No statute forces an heir or named executor to file a Petition for Probate by a specific date. But California Code of Civil Procedure section 366.2 gives most creditors exactly one year from the date of death to bring a claim against the estate, regardless of whether probate has been opened. That clock does not pause because no one has gotten around to filing. Waiting to open a case does not stop debts from aging into that deadline — it just means the estate has less time, once probate finally starts, to sort out what is owed before those claims either resolve or expire in ways that complicate a clean title transfer.
What Actually Happens When a Case Sits Unfiled
The real cost of delay is not a missed legal deadline — it is everything that keeps happening to the house while no one has authority over it. Most homeowner’s insurance policies restrict or void coverage on a property that sits vacant for 30 to 60 days, which is a real problem if a pipe bursts or vandals get in before anyone can act. Property taxes keep accruing on the normal schedule regardless of probate status, and a case that has not even been filed yet only adds to the nine-to-eighteen-month timeline most estates already face once it does start. Beneficiaries who believe an executor is dragging their feet can petition the court to compel filing or, in serious cases, to appoint someone else — but that is itself another court process layered on top of the delay.
Intestate Estates Face the Same Pressure Without the Will’s Trigger
If the decedent left no will, Probate Code section 8200’s 30-day duty does not apply to anyone, since there is no document to lodge. That does not buy more time. The one-year creditor claim clock still runs from the date of death, property taxes and insurance risk still accrue on the same schedule, and no one has legal authority to sell, transfer, or even fully secure the property until a court appoints an administrator. Intestate estates often move slower precisely because there is no will naming who should step forward first.
When Filing Fast Is Not Actually the Right Move
Urgency cuts both ways. If heirs disagree about whether to sell at all, rushing a petition — or rushing a sale once one is filed — just moves that argument into probate court, where it becomes slower and more expensive to resolve, not less. If a professional appraisal might put a primary residence at or under the $750,000 threshold for California’s simplified petition to determine succession to real property, it is worth getting that valuation before committing to a full probate filing that the estate may not need. And if the property carries real, unrealized equity, a full probate sale with court confirmation and a properly marketed listing can outperform a fast cash offer — the point of moving quickly on the paperwork is to preserve that option, not to skip it.
What to Do in the First Weeks
- Locate the original will immediately — the 30-day clock to lodge it with the court is already running from the date of death
- Pull the recorded deed to confirm how title is actually held before assuming a full probate is even required
- Keep hazard insurance active and property taxes current even before any petition is filed
- Get a probate attorney’s read on whether a simplified small-estate transfer procedure might apply before committing to a full probate filing
This is general information rather than legal advice, and probate timing depends heavily on the facts of each estate. If the estate needs to move on a timeline the court’s calendar will not accommodate, Cash Home Buyers CA can provide a no-obligation cash offer and work with the personal representative and their attorney once authority to sell is in place.