California timeline
California probate timeline: the 40-day wait and creditor deadlines
The simplified route starts 40 days after death.
California creditor deadlines are set out below against the event each one runs from.
Sources reviewed August 9, 2026. Latest primary-source re-fetch October 3, 2026.
The one date this page can source
The affidavit for collection of personal property (prob. code § 13100) and, for real property, the § 13200 small-value affidavit and § 13150 petition to determine succession route requires 40 days to elapse from the date of death. This is a precondition: the affidavit or petition cannot be presented before it runs, regardless of how straightforward the estate is.
Excluding the property described in Section 13050 and any property included in a petition filed under Section 13151, if the gross value of the decedent's real and personal property in this state does not exceed one hundred sixty-six thousand two hundred fifty dollars ($166,250),Cal. Prob. Code § 13100 — California Legislature; Effective January 1, 2025..
Creditor deadlines
- From actual notice to a known creditor
- 60 days after notice of administration mailed or personally delivered to the creditor (§ 9100(a)(2))
- From appointment of the representative
- 4 months after letters first issued to a general personal representative (§ 9100(a)(1))
- Outer limit, running from death
- One year from death under Code Civ. Proc. § 366.2
How these combine. Multiple independent deadlines run from different triggers: § 9100 requires filing before the LATER of four months after letters first issue OR sixty days after notice of administration is mailed/delivered, and Code Civ. Proc. § 366.2 imposes a separate one-year outer limit measured from death. These are expressed in months, so a single day count would mislead.
A creditor shall file a claim before expiration of the later of the following times: (1) Four months after the date letters are first issued to a general personal representative. (2) Sixty days after the date notice of administration is mailed or personally delivered to the creditor.Cal. Prob. Code § 9100 — California Legislature; Effective January 1, 2008..
General sequence: first week, how long probate takes.
California record: 8/8 verified, 29 matched checks, latest source re-fetch October 3, 2026. Source record · method · report a correction