California timeline

California probate timeline: the 40-day wait and when creditor claims close

The simplified route starts 40 days after death. Source: Cal. Prob. Code § 13100.

Creditor-claim deadline in a full California administration, counted from the representative's appointment: 4 months after letters first issued to a general personal representative (§ 9100(a)(1)). Source: Cal. Prob. Code § 9100. The clocks running from actual notice to a known creditor and the date of death are set out below.

The 40-day wait is the earliest the simplified route can be used; the creditor deadline is when claims not yet presented are barred. They belong to different proceedings, so they are not added together. No overall duration is published here: court scheduling, accountings and disputes add time these clocks do not measure.

Sources reviewed August 9, 2026. Sources rechecked October 17, 2026. This page last revised .

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.

Source: Cal. Prob. Code § 13100, California Probate Code § 13100 - Affidavit collection of small estate(California Legislature; Effective January 1, 2025.).

The section’s own words
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),

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.

Source: Cal. Prob. Code § 9100, California Probate Code § 9100 - Time for filing creditor claims(California Legislature; Effective January 1, 2008.).

The section’s own words
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.

General sequence: first week, how long probate takes.

Sources rechecked October 17, 2026: California source list · how sources are checked · report a correction