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California Probate Laws, Timelines And Probate Cash Advance Options

The probate process is not required in if the decedent has set up a trust (or family trust) which in most cases helps their estate to avoid probate. Probate can take a long time and the process can be frustrating. In this article we go over important information and timelines if you are in  probate. We also provide inheritance advances if you need money early before final distribution of probate.

How long does probate take in California?

In non-pandemic times, the probate assets (personal property) within an estate in  can take anywhere from 9 months to 3 years to be distributed from the decedents estate. There are different variables including the following:

  • Size of the estate which dictates how long an inventory of assets will take
  • The amount of beneficiaries in the estate
  • How fast the executor of the estate can push the process along
  • If the will is contested
  • Probate Court Timelines


Probate proceedings take a long time. In addition, courts have been forced to go remote as a result of the pandemic, and thus have been slowed down as a result. There have been many articles recently published on the
delay in the court system which has caused a lot of anguish to estate heirs. You cannot distribute any assets to heirs until the estate goes through the legal process of probate. Doing so before the probate is closed can lead to legal issues for the executor and cause headaches for everyone involved. In this article we go over laws specific to   as well as ways that you can receive your inheritance cash now.

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California Probate

California Inheritance Tax Laws

When you go through probate administration it’s important to keep in mind the specific state laws for taxes and seek legal advice. There are 38 states in the country that do not have an estate tax in place. These are the different tax laws by state.

If the deceased person’s assets are not set up with an estate plan for intestate succession the estate will haveto go through probate and you will haveto pay taxes.

>States with an estate tax:

  • Connecticut
  • Illinois
  • Maine
  • Massachusetts
  • Minnesota
  • New York
  • Oregon
  • Rhode Island
  • Vermont
  • Washington (state

States with an inheritance tax:

  • Iowa
  • Kentucky
  • Nebraska
  • New Jersey
  • Pennsylvania

Estate and Inheritance Tax

  • Maryland

Get An Inheritance Cash Advance Now

An inheritance cash advance is your best option when you need an influx of cash following the death of a loved one. The cash can be used for anything you deem necessary. 

The advantages of an inheritance cash advance in California include:

Apply Now!

Fill Out The Form Below And Receive Funds Within 24 Hours!

What Is The Difference Between A Probate Loan And Probate Advance In California?

If you are stuck in the process of probate in you might have thought about borrowing against your estate or getting a mortgage on a property in probate. This is commonly referred to as an estate loan, traditional bank loan or probate loan. It’s important to understand the difference between probate loans in  and an advance on your inheritance money. Inheritance advances are a much simpler process when compared to a probate loan because you don’t have the traditional requirements of a bank loan with credit checks and repayment terms on assets.

When you apply for a probate loan, you need to go through the traditional loan application process. It can be time consuming and difficult because of credit requirements and a lengthy application to be completed either online or with a representative at the bank. Thus, like probate, there can be no end in sight for many heirs.

Can You Avoid Probate in California?

  • Hire a good estate planning attorney
  • Open bank accounts and designate heirs as beneficiaries of the accounts
  • Add a ‘transfer on death’ deed to any real estate you own
  • Create a revocable living trust
  • Make sure any real property is owned with tenants by entirety or has a beneficiary.

California Probate Questions

Here are some helpful resources to utilize when you enter into the probate process in due to a loved one’s death and it can help you answer more questions about probate:

Probate Code And California Law Resources:

You can find the government probate resources here: https://www.courts.ca.gov/8865.htm http://leginfo.legislature.ca.gov/ https://www.courts.ca.gov/superiorcourts.htm

Do You Regularly Help California Residents?

Yes, we’ve helped people from the following counties in California with Inheritance Advanced. Los Angeles County San Diego County Orange County Riverside County San Bernardino County Santa Clara County Alameda County San Francisco

How Long Does Probate Take in California?

Although rarely, the probate process in California can sometimes be completed in as short as nine months. The average time frame is six months to two years, with more complex situations taking longer. 

What Assets Don’t Have to Go Through Estate Probate?

By operation of California probate law, any form of property that is not individually owned by the deceased is considered to be a non-probate property. These assets are quite typical. They can be anything, from cars and goods to life insurance policies, real estate, and bank accounts transferred upon the decedent’s death.

California Intestate Succession

Intestate succession takes effect when someone dies without leaving a will in California. In these situations, the deceased person’s family members will be eligible to receive an inheritance from their loved one’s estate. When a person dies without naming a beneficiary, even assets that don’t ordinarily pass through a will (such as retirement accounts) may be distributed according to intestate succession laws.
  • Assets that do not pass through intestate succession include
  • Real estate that is owned by a trust established for the benefit of the beneficiaries
  • The amount received from a beneficiary selection made on a life insurance policy
  • Retirement account assets have a designated recipient, such as those held in an individual retirement account (IRA), 401(k), or similar plan.
  • Accounts that are triggered to pay out after a person’s death.
  • Shares of stock in a brokerage account will be automatically transferred to the beneficiary upon the owner’s death
  • Transport vehicles kept in a pay-on-death account.
Community property with the right of survivorship refers to assets owned jointly with another person. Jointly owned property or accounts with a designated beneficiary pass to the co-owner upon the death of either owner. This property transfer takes place regardless of whether or not a will exists.

When Is Probate Required in California?

California often requires probate. However, there are two distinct methods of estate administration. Simplified processes may be utilized if the estate is worth less than $166,250. If a property is left to a beneficiary or surviving owner, probate may not be necessary. For instance, life insurance plans with a designated beneficiary flow directly to that individual. A couple’s real estate would pass to the surviving spouse.

You Can Get Your Inheritance Money Now Without Waiting For Probate To Close In California!

If you are an heir to an estate in , you no longer need to wait for probate to close before you can use your inheritance. With an inheritance advance from Inheritance advanced you can access your money in as little as 24 hours. You decide how much of your inheritance you’d like to access early and we’ll go to work for you right away. Whether you need the money for everyday bills, would like to go on vacation, need to purchase or fix a vehicle, etc., there are no restrictions on how you use your money. We’ve advanced money to over 2,000 heirs just like you and many of those heirs live in . We’re more than happy to walk you through the probate process and answer all of your questions regarding probate in . Give us a call or fill out the form below to get started.

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