Most beneficiaries receive their inheritance, or at least a portion of it, within 12 to 18 months after probate has been initiated. However, because every estate is unique, this timeline can vary significantly based on the estate’s size, complexity and other circumstances. This contrasts with distributions from a trust, which often begin within six to 12 months of the decedent’s death.
Consider, for example, an estate valued in the tens of millions of dollars, with multiple real estate holdings and beneficiaries. Settling an estate like this could take considerably longer than settling an estate that was left entirely to the surviving spouse, and was valued in the hundreds of thousands of dollars, with no real estate holdings.
The estate settlement process is not one-size-fits-all. Nevertheless, by taking time to understand the estate from which you’re inheriting, you can help set realistic expectations. Look to factors such as the complexity of the estate, the types of assets involved, how many beneficiaries are named, and whether estate disputes are likely for clues about the estate settlement timeline.
We know how frustrating it can be to wait — especially when you’ve been left in the dark about your inheritance. But being informed about what’s involved in settling an estate can make the process feel more manageable. And you don’t have to wait passively. There are steps you can take to monitor the status of your inheritance and stay updated on the progress of the administration of the estate.
In this article, Keystone Law Group breaks down how long it typically takes to settle an estate, what factors could cause delays, and what you can do if your inheritance is being held up without clear reason.
What Does It Mean to Settle an Estate?
When an estate is settled, it means the probate process has been completed, the decedent’s financial liabilities have been satisfied, estate disputes have been resolved, and distributions have been made to beneficiaries or heirs in accordance with the terms of the will (if a valid will exists) or intestate succession laws (if no valid will exists), respectively.
How Long Does It Take to Settle an Estate?
An estate could be settled in as little as one probate proceeding, or it could take several years, depending on factors such as the size of the estate, its complexity and whether legal disputes arise. In other words, estate settlement timelines can vary widely.
To get a better idea of how long the process might take in your specific case, consider asking the executor or administrator of the estate (i.e., the personal representative) or consulting with a probate attorney.
Additionally, by understanding what the estate settlement process involves, you can better track its progress and hold the personal representative accountable if delays occur without valid justification.
The Estate Settlement Process Explained
Because the estate settlement process is court-supervised, it typically follows a structured sequence of steps. While there are exceptions, most estates will go through the steps outlined in the following sections.
Keep in mind that disputes can arise at any point and significantly delay the process. Although many estates proceed through probate smoothly, others encounter will contests, executor misconduct claims and fights over ownership of property. These complications can double or even triple the time required to settle an estate — depending on how willing the parties are to resolve the conflict.
Lodging of Will
When someone dies with a will, the original document must be filed with the court — usually by the personal representative. Submitting this document, along with a petition for probate, initiates the probate process and prompts the court to schedule the initial probate hearing.
Once the court sets a date for the hearing, the petitioner must publish notice that a petition to administer the decedent’s estate has been filed. Additionally, they and must also file and deliver notice of the hearing to all interested parties — typically beneficiaries and heirs — at least 15 days prior to the date of the hearing.
If the decedent died intestate (i.e., without a valid will or estate plan), there is no will to lodge with the court. However, intestate estates must still pass through probate. Instead of a petition for probate of a will being filed, a petition for letters of administration is filed, which triggers the scheduling of the initial probate hearing.
Initial Probate Hearing
The hearing on a petition for probate or a petition for letters of administration plays a critical role in the estate settlement process. It is at this hearing that the court formally appoints the personal representative. Until this occurs, the named executor named in thea will is merely a nominee and lacks authority to act on behalf of the estate.
This hearing also offers estate beneficiaries the chance to object to the appointment of the nominated personal representative or to the admission of the will to probate. Objections must be supported by valid legal claims. Raising objections early is often more cost-effective — and less disruptive — than contesting a will or seeking removal of the personal representative later on.
If no valid objections are raised, the court will usually appoint the executor named in the will. If no will exists, the court will appoint an administrator according to the order of priority established under California Probate Code section 8461.
Inventory
Once appointed, the personal representative is responsible for identifying and inventorying all of the decedent’s estate assets. The inventory must include the fair market value of each asset at the time of the decedent’s death. Some assets may require professional appraisal in order to be accurately valued.
It’s easy to see how creating an inventory can be more challenging for some estates than it is for others. For example, if a decedent owned real estate or business interests, or was an avid art collector with numerous valuable pieces, compiling the inventory would be much more time-consuming than it would be for an estate consisting solely of a few local bank accounts.
It’s important to note that the personal representative is only responsible for probate assets. Assets held in a trust or those with beneficiary designations — such as payable-on-death bank accounts, retirement accounts and life insurance policies — are not part of the probate estate and are distributed separately.
Once the inventory is complete, a copy must be provided to interested parties.
Financial Liabilities
A common misconception is that a person’s debts die with them. In reality, outstanding debts — such as unpaid taxes, credit card balances or court judgments — must be paid from the estate before any distributions can be made.
Creditors generally have up to one year, at most, a one-year window from the decedent’s date of death to file claims against the estate. This generous deadline can significantly delay estate settlement, especially if the estate has substantial liabilities, which must be verified and resolved.
Keep in mind that Iif the a creditor receivesd notice of the administration of the estate, then their timeline to file a creditor’s claim may be significantly shorter.
Final Distribution
After resolving all debts, taxes and legal disputes, the personal representative can begin the process of distributing whatever assets remain in the estate. However, before doing so, they must file a final accounting and petition for final distribution with the court.
Once a hearing is scheduled, the personal representative must deliver notice to all interested parties, who then have the opportunity to inspect the final accounting and object to it if they believe it to be improper or inaccurate.
The personal representative cannot commence the process of making final distributions from an estate until a court order has been issued granting their petition for final distribution.
What Can Speed Up or Slow Down the Estate Settlement Timeline?
The time it takes to close an estate is seldom fixed. Many factors can influence the estate settlement timeline, accelerating or delaying the process. By understanding these factors, beneficiaries can set realistic expectations around when they might receive their inheritance — and better prepare for potential delays.
Estate Type
In some cases, intestate estates — those where the decedent died without a will — can be quicker to settle than testate estates. Why? Because intestate estates are distributed strictly according to Probate Code sections 6400 – 6455, which clearly lay out who inherits what. These distributions are generally not open to interpretation or contest.
On the other hand, when a will exists, it can introduce complications. For example, a will may be ambiguous or invalid. To resolve such issues, court intervention may be required — which can delay administration. For example, beneficiaries or heirs could elect to contest the will, leading to litigation — which can extend the administration timeline.
With an intestate estate, the heirs are predetermined, and so is the percentage of the estate each heir will receive. With a testate estate, however, the decedent could’ve named dozens of beneficiaries in their will. Managing communications, distributions and potential disputes among so many individuals could complicate administration and prolong the process.
How Long Does an Executor Have to Settle an Estate?
In California, an executor typically has one year from the date of appointment to settle an estate. However, this deadline is extended to 18 months if the estate is required to file a federal estate tax return — which often signals a large or complex estate.
If the executor is unable to close the estate within the established timeframe, they are required to file a status report with the court detailing the reasons for the delay and providing a new estimated timeline for settling the estate. For example, if an estate is involved in litigation, this would be considered a valid reason for a delay and should be disclosed in the status report.
How Long Does an Administrator Have to Settle an Estate?
Like executors, administrators in California — those appointed when a person dies intestate — generally have one year to settle an estate, or 18 months if a federal estate tax return is required.
While intestate estates avoid will disputes by nature, other legal issues can still arise. Suppose an administrator is suspected of misappropriating or mismanaging estate assets. In this scenario, heirs may need to take legal action to remove the administrator and potentially recover damages — which may temporarily stall the estate settlement process. The court generally is understanding when issues like this arise and often grants extensions to allow for proper resolution.
Estate Complexity
A straightforward estate with a few bank accounts and a single real property is generally much simpler — and faster — to settle than an estate with widespread investments, real property, business interests, or valuable personal property.
When settling an estate, the personal representative must complete all the steps of the estate settlement process — every box must be checked. That’s why complex estates naturally take longer to administer. And while the wait can be frustrating, especially for beneficiaries, it’s critical that the personal representative do their due diligence. Rushing the process can lead to costly mistakes and even more delays down the line.
Legal Disputes
Few things extend the probate process like litigation. If an estate becomes entangled in legal disputes, the timeline for settling the estate can be pushed back significantly.
However, not all disputes are created equal. If a disagreement is minor — for example, a conflict over the interpretation of a single ambiguity in a will — a resolution might arrive quickly and without court intervention. But when disputes concern high-value property or are rooted in longstanding family tensions, resolution could take years.
Types of legal disputes that could affect the estate settlement timeline include:
- Will Disputes: These seek to clarify ambiguities or invalidate a will based on claims of undue influence, fraud, lack of capacity or another irregularity.
- Fiduciary Misconduct Claims: These seek to hold a personal representative who acted improperly or negligently accountable; they may seek to remove the representative or recover losses.
- Property Disputes: These seek to confirm proper use or ownership of property.
Each of these legal disputes — albeit necessary to bring in certain situations — can trigger administrative delays, increased legal costs and frustration for everyone involved.
Experience Level of Personal Representative
An experienced personal representative — such as a private professional fiduciary or someone who has administered estates before — is likely to move through the estate settlement process with fewer missteps and less delay.
That’s not to say a first-time personal representative can’t do an exceptional job; it just may take longer for them to get up to speed with their responsibilities as executor, probate procedures and court requirements.
That said, inexperience is not an excuse for extended delays. If progress seems unusually slow, beneficiaries may wish to consult with a probate attorney to determine whether legal action against the personal representative is needed.
How Do You Know When an Estate Is Settled?
You’ll know an estate is officially settled when you receive your inheritance from the personal representative.
An estate isn’t considered “settled” until all debts and liabilities have been paid, all disputes have been resolved, and the remaining assets have been distributed according to either the decedent’s wishes or intestate succession laws.
That said, there are some signs that indicate estate settlement is near. If you’ve received a final accounting and a notice of final distribution, you’re likely just weeks away from receiving your inheritance — assuming the court grants the personal representative’s petition, and no interested parties raise objections.
How Long Does It Take to Get Inheritance Money?
Once the court grants a personal representative’s petition for final distribution, beneficiaries typically receive their inheritance within one to two months.
By approving the representative’s petition, the court is essentially acknowledging that:
- All estate assets have been properly identified and valued.
- All legitimate creditor claims have been satisfied.
- All legal disputes involving the estate have been resolved.
At this point, if your inheritance is being delayed, there may not be a valid reason for it. While there’s no rigid deadline by which your inheritance must be distributed, unreasonable delays are not permitted and can expose the personal representative to legal consequences.
What to Do if Your Inheritance Is Unreasonably Delayed
If it’s been several months since you received a final accounting and notice of final distribution, but your inheritance still hasn’t arrived, it may be time to take legal action. While patience is important during probate, it has its limits.
Although a delay could be justified in certain scenarios — for example, if the executor had a complex asset transfer to finalize — it could also signal something more serious, such as mismanagement of estate assets. Even if your share of an estate had to be used to repay the decedent’s debts, the personal representative should have communicated this to you.
Remember, an executor or administrator cannot withhold your inheritance for any reason — provided it has come due. Even if they claim they’re acting in your best interest, doing so is simply not allowed.
If your inheritance is being delayed without valid cause, take the following steps.
Review the final accounting.
The personal representative is required to submit a detailed final accounting when petitioning the court for final distribution.
The final accounting can provide key insights, such as:
- Whether part or all of your inheritance was used to satisfy administration expenses, or taxes and debts
- How complex the distribution process might be (e.g., transfers of real property are generally more complex than transfers of funds)
- Whether the portion of the estate allocated to you aligns with the inheritance you’re entitled to under the will or intestacy laws
If something seems off, don’t ignore it. You have the right to object before or during the final distribution hearing. A probate attorney can help you inspect the accounting and challenge it if necessary.
Seek out information from the personal representative.
If the final accounting doesn’t clarify why there’s a delay, try raising your concerns with the personal representative directly. It’s ideal to do so in writing (email, letter or text) to create a log of your correspondence — which can become valuable evidence if legal action becomes necessary.
If the representative doesn’t respond after repeated attempts, that’s a red flag. Avoidance often signals misconduct.
Consult with a probate attorney.
While it’s recommended to have a probate attorney in your corner throughout the estate settlement process, it becomes essential when your inheritance is due but still hasn’t arrived — and no one is giving you answers as to why.
A probate lawyer can:
- Demand answers on your behalf through a formal letter.
- Investigate whether the personal representative is engaging in misconduct.
- Help file a petition to compel final distribution or, if necessary, seek the personal representative’s removal.
In many cases, having an attorney reach out to the personal representative can be enough to get things moving — especially if the personal representative realizes a lawsuit might be on the horizon.
Estate Settlement FAQs
If you are still unclear about any aspect of the estate settlement process, see if the frequently asked questions below can provide any clarity. Remember — if you need personalized guidance, our experienced probate attorneys are just a phone call away.
How long does a will take to process?
The timeline for processing a will aligns with how long it takes to settle a testate estate — usually six months to a year12 to 18 months, though more complex estates can take longer.
"Processing" a will essentially means executing its terms. Therefore, a will isn’t considered fully processed until all assets have been distributed according to the decedent’s stated wishes and the estate has officially closed
How long does it take to settle a simple estate?
In California, the probate process for a simple estate — meaning one with minimal assets — can be completed in as little as one probate proceeding or take up to a few months.
Here are a few key procedures:
- Small Estate Affidavit: Can be used to administer estates with a total value under $184,500 (excluding real property) without a formal probate.
- Spousal Property Petition: Can be used to transfer community property to a surviving spouse without a formal probate.
- Petition to Determine Succession to Real Property: Can be used as of April 1, 2025, to transfer real property (typically a decedent’s primary residence) valued under $750,000 without affecting the small estate affidavit threshold for non-real property.
If your estate qualifies for one of these procedures, a quicker resolution is likely.
What percentage does a lawyer get for settling an estate?
In California, attorney compensation for settling an estate is governed by Probate Code section 10800, which provides a statutory fee structure based on the total value of the estate.
The statutory fee structure is as follows:
- 4% of the first $100,000
- 3% of the next $100,000
- 2% of the next $800,000
- 1% of the next $9 million
- 0.5% of the next $15 million
- For estates over $25 million, reasonable fees are determined by the court
The personal representative is entitled to the same compensation under this structure. However, if either party performs “extraordinary services” — such as preparing tax returns or selling real property — they may receive additional compensation, but only with court approval.
Understanding how California probate fees are calculated can help you ensure that no one is overcharging for their services.
How long do I keep records after an estate is settled?
From a legal standpoint, there’s no established requirement for how long you must keep records after an estate is settled. However, to be safe, it’s advisable to keep estate records for at least one year after final distributions have been made in case any issues arise — such as a fraud claim or tax inquiry.
How long after probate is granted will I get my money?
Receiving your inheritance after probate is granted can take anywhere from six months to over a year. Granting probate simply means the court has accepted the will (if there is one) and appointed an executor or administrator. From there, the estate settlement process must still play out.
The timeline will vary depending on the estate’s size and complexity, and on whether any disputes arise.
How do estate beneficiaries receive their money?
Estate beneficiaries typically receive their inheritance as a lump sum at the conclusion of the probate process.
Cash inheritances may be distributed via check or direct deposit.
Real property inheritances are generally transferred by recording a new deed with the county and placing the property in the beneficiary’s name.
How long does an heir have to claim their inheritance?
Heirs typically don’t need to "claim" their inheritance. When a person dies intestate, the appointed administrator is legally responsible for identifying and locating heirs and distributing assets to them in accordance with the laws of intestacy.
However, if an heir cannot be located, their share may be temporarily held by the estate or transferred to the California Department of Unclaimed Property. Once the heir is located, they can initiate a claim to retrieve it.
How long does it take to settle a trust?
Trusts can sometimes be settled faster than estates — or they may remain open for years. It all depends on the terms of the trust (and the distribution schedule the trust terms call for), the complexity of the trust, and whether disputes or other issues surrounding the trust arise.
Unlike wills, trusts are generally settled without court supervision, providing the trustee with greater flexibility. If a trust clearly outlines distribution timelines and the assets are straightforward (e.g., cash), it could be settled in a few months. On the other hand, if a trust is structured for incremental distributions to be made over the course of many years — for example, providing beneficiaries with 10% of their share annually — the trust will likely take at least a decade to settle.
Additionally, because most debts and taxes are settled through a decedent’s estate, rather than their trust, this can speed up the settlement process — especially if the trust is uncontested and properly funded.
Still have questions about how long it takes to settle an estate?
We understand how frustrating it can be to wait on an inheritance — especially if you’re counting on those funds for essential expenses. Whether you’re dealing with a secretive administrator or executor, unexplained delays, or just need clarity about next steps, Keystone Law Group is here to help.
Our probate attorneys can investigate the status of your inheritance, ensure your rights as a beneficiary are protected and take swift legal action if your inheritance is being improperly withheld or mismanaged.
Don’t stay in the dark about your inheritance. Call our experienced probate attorneys today to find out how we can help move things forward.
