Note: This is general information about California probate only and is not legal advice. Consult a California probate attorney for advice about your situation.
Detailed answer — What to expect when admitting an out-of-state will in California probate
When someone dies owning property in California but left a will executed in another state, California courts will generally consider that out-of-state will for probate. The timeline to admit the will depends mainly on three things: whether the will is plainly valid, whether anyone contests it, and which probate procedure you use (formal hearing vs. informal/uncontested administration vs. summary/small‑estate procedures).
Basic steps (typical sequence)
- File a petition to admit the will to probate in the California superior court for the county where the decedent lived or where the property is located.
- Give required notices to heirs, beneficiaries, and the named executor or personal representative. If required, publish a notice to creditors.
- The court reviews the petition and evidence (the original will and proof it was valid where executed). If there is no contest, the court typically sets a hearing or issues letters without a contested hearing, depending on the local court’s procedures.
- Assuming the will is admitted and letters are issued, the executor can act (collect assets, pay creditors, distribute property according to the will).
Typical timelines (uncontested vs. contested)
These are general ranges based on common California practice:
- Uncontested admission of an out‑of‑state will (clear execution, no disputes): often 4 to 12 weeks from filing to issuance of letters, but sometimes longer depending on local court calendar and how quickly notices are served.
- If the court requires a formal probate hearing or additional proof about validity: 2 to 4 months or more to schedule the hearing and receive a ruling.
- If someone contests the will (dispute over validity, undue influence, forgery, lack of capacity): admission may take many months to years depending on the complexity. Contested will litigation often adds 6–18 months or longer before a final resolution.
- Where small‑estate procedures apply or property can pass by transfer forms or beneficiary designation (avoiding probate): the process can be much faster — sometimes a few weeks — but eligibility depends on the type and value of assets and whether the decedent left probate property in California.
Why an out‑of‑state will can be slower than a California will
Court staff and interested parties may request extra documentation to prove the will was properly executed under the laws of the state where it was signed. That proof can involve obtaining witness affidavits, notarizations, or certified copies of out‑of‑state records, which can add time. If identities or signatures must be verified, or if witnesses live out of state, service and coordination delays can occur.
Legal basis and where to look for the rules
California’s probate rules and practice are governed by the California Probate Code and local court rules. For an overview of probate procedures and timelines, see the California Courts probate information: https://www.courts.ca.gov/selfhelp-probate.htm. For the text of the California Probate Code and the specific statutory provisions that govern probate procedure, search the Probate Code on the California Legislative Information site: https://leginfo.legislature.ca.gov/ (choose the Probate Code section relevant to will admission and probate procedure).
Helpful hints — practical tips if you need to admit an out‑of‑state will in California
- Locate the original will. California courts usually require the original document to admit a will. If you have only a copy, expect extra steps to explain why the original is unavailable.
- Gather proof of execution. Obtain witness affidavits or notarizations from the state where the will was signed. A self‑proving affidavit (if attached to the will) speeds admission.
- File in the correct county. File the petition where the decedent was domiciled in California or where the property is located. Local court clerks can confirm venue rules.
- Prepare and serve notices promptly. Timely notice to heirs, beneficiaries, and creditors is mandatory and drives some statutory waiting periods.
- Check for small‑estate options. If estate assets in California are limited or pass outside probate (beneficiary designations, joint ownership, POD accounts), you may avoid full probate.
- Expect local variation. Court calendars and clerk procedures vary by county. Call the probate clerk (or check the county court’s website) to learn typical scheduling and filing requirements.
- Consider an experienced probate attorney. A lawyer familiar with admitting out‑of‑state wills in California can help prepare the petition, collect necessary affidavits, and reduce avoidable delays.
- Keep realistic expectations. Even an uncontested admission can take several weeks to a few months because of required notice periods and court scheduling.
If you want help finding a California probate attorney experienced with out‑of‑state wills, prepare a short summary of where the will was signed, whether you have the original, and a list of known heirs and significant California assets — that will help the attorney give an initial time estimate.
Again: This is general information only and does not create an attorney‑client relationship or constitute legal advice. For advice about your specific situation, consult a licensed California probate attorney.