The real estate probate process and timeline - helping you to know what to expect. Barbara Stewart, Santa Clara Probate Real Estate Agent. www.ProbateSimplified.com

1. Table of Contents
• Slide 3: Context
• Slide 6: Probate Begins
• Slide 9: Probate Hearing
• Slide 12: Appraisement
• Slide 20: Disposition
www.ProbateSimplified.com
Barbara Stewart, Santa Clara County
Probate Real Estate
CA BRE 01273970

2. Timeline and what to expectTimeline and what to expectTimeline and what to expectTimeline and what to expect

3. In simple terms, probate is the process of winding down
the earthly affairs of the deceased. Yet probate can be
anything but simple.
When a person passes away without creating a last will
and testament or without bequeathing their property to an
heir, the courts must intervene and begin the probate
sales process.

4. The probate process is handled by the court. It is the
orderly transfer of a deceased person’s assets.
This process proves the validity of the will, inventorying
and appraising the estate property, paying any debts or
taxes, and distributing the property to the beneficiaries
entitled to them.

5. The probate process is carefully regulated and controlled
by the court. There is little flexibility involved—you must
heed their timelines and follow the process to avoid delay.
It is a good idea to work with an experienced probate
team who can help you navigate the process.

6. Probate Process
Begins1

7. Probate Timeline
1-2 MONTHS
All timelines are approximate, use as a general guideline only

8. The Executor or appointed representative is responsible
for handling the distribution of estate assets.
To begin the process, a petition must be prepared and
filed with the court.
An experienced probate realtor may be chosen to
represent the trust and sell the estate home.

9. Probate Hearing
2

10. Probate Timeline
2-4 MONTHS
All timelines are approximate, use as a general guideline only

11. Next will be the court hearing.
As a result, several documents may be issued, including:
•Letters of Administration
•Orders for Probate
•Duties and Liabilities
•Issue Bond (if ordered)
•Letters Testamentary
•Notice to Creditors

12. Inventory &
Appraisement3

13. Probate Timeline
4-6 MONTHS
All timelines are approximate, use as a general guideline only

14. Timelines may vary, but generally in the 4-6 month
timeframe, there will be a Notice to Department of
Health Services, and the Inventory and Appraisement
of estate assets.

15. Processing
4

16. Probate Timeline
6-12 MONTHS
All timelines are approximate, use as a general guideline only

17. A lot of activity occurs at the mid-point stage.
•Pay State and Federal Taxes (if necessary)
•Allow or Reject Creditor Claims
•Possible Preliminary Distributions
•Notice to Department of Health Services (if deceased received medical)
•Notice to Franchise Tax Board (if heir is out of state)
•Claim of Exemption (if assets transfer to a minor)
•Receive Final Tax Letter from State and Federal (if appropriate)
•File Petition for Final Distribution and Accounting
•Hearing on Petition for final Distribution and Accounting
•Order Approving Final Distribution and Accounting

18. Selling the estate home:
The executor/representative will establish the listing price for
selling the property.
This price is based on the appraisal prepared by the probate
referee, with input typically provided by an experienced
probate real estate agent.
The property can then be listed for sale by the real estate
agent or broker.

19. Distribution
5

20. Probate Timeline
9-18 MONTHS
All timelines are approximate, use as a general guideline only

21. In the last phase, distribution of the estate occurs.
•Distribution of Assets to Heirs
•Final Discharge Order (indicates close of probate case)
•Final Distribution of Funds

22. Need some help?
If you’d like assistance with the probate process or need help selling your
Santa Clara County probate home, contact me and my experienced probate
team.
Click here to learn more!
-Barbara Stewart, Santa Clara County Probate Agent
www.ProbateSimplified.com

23. Thank you
www.ProbateSimplified.com
Barbara Stewart, Santa Clara County
Real Estate Broker
CA BRE 01273970