The probate statute of limitations in California is not one deadline but a chain of them. The first hits 30 days after death, when whoever holds the will must deliver it to the court. Creditors then get four months from the executor’s appointment to file claims, will contests must be filed within 120 days of the will’s admission, federal estate tax returns are due at nine months, and a one-year absolute bar under Code of Civil Procedure 366.2 shuts the door on any surviving claim against the deceased regardless of whether probate ever opens. Miss one of these and the right attached to it usually disappears.
Delivering the Will: 30 Days
Under Probate Code 8200, anyone with physical custody of a deceased person’s will must deliver it to the superior court clerk in the county where the estate will be administered within 30 days of learning of the death.1California Legislative Information. California Probate Code 8200 The custodian also has to send a copy to the named executor, or to a beneficiary if the executor can’t be found.
This deadline applies whether or not anyone plans to open a probate case. A custodian who fails to deliver on time is personally liable for damages caused by the delay.2California Legislative Information. California Probate Code 8200 If a beneficiary loses money because a will sat in a desk drawer for six months, the person holding it can be sued. Family members, attorneys, and safe deposit box holders all fall under the same rule.
Creditor Claims: Four Months
Creditors face the tightest deadlines in California probate. Once the court issues letters testamentary or letters of administration, creditors generally have four months to file a claim against the estate.3Justia Law. California Probate Code 9100-9104 – Time for Filing Claims
If the executor sends a specific creditor a notice of administration, that creditor gets at least 60 days from receipt of the notice, even if the four-month period has already started. The executor is required to give notice to all known or reasonably identifiable creditors and to publish a general notice in a local newspaper for any who can’t be individually identified.4Justia Law. California Probate Code 9050-9054 – Notice to Creditors
When Late Claims Are Allowed
Missing the four-month window doesn’t automatically end a creditor’s rights. Probate Code 9103 allows a court to accept a late claim in two situations: when the executor failed to send proper notice, or when the creditor couldn’t reasonably have known the claim existed before the deadline. In either case, the creditor has to petition the court within 60 days of gaining actual knowledge of the estate and the facts giving rise to the claim.5California Legislative Information. California Probate Code 9103 Once the court has ordered final distribution, no late claim is allowed at all.
California courts enforce these deadlines strictly. In Dobler v. Arluk Medical Center Industrial Group, Inc., the Court of Appeal rejected a late-filed claim despite the creditor’s arguments that the circumstances warranted flexibility.6Justia Law. Dobler v. Arluk Medical Center Industrial Group, Inc.
The One-Year Absolute Bar
When no probate case is ever opened, creditors are not free to wait indefinitely. Code of Civil Procedure 366.2 gives them one year from the date of death to file suit on any claim that survived the decedent, regardless of what the original statute of limitations would have been. The one-year limit runs whether or not the creditor knew about the death, which makes it a genuine trap for anyone who isn’t monitoring the situation. This is the true outer boundary of the probate statute of limitations in California: after twelve months, most surviving claims against a deceased person are dead as a matter of law.
Will Contests: 120 Days
A challenge to a will’s validity must be filed either before the court admits the will to probate or within 120 days after admission. Once that window closes, the probate order becomes conclusive and the will is treated as valid for all purposes. Grounds for a contest include undue influence, fraud, lack of mental capacity, and failure to follow California’s execution requirements.
Courts are reluctant to bend this deadline. In Estate of Horn, the Court of Appeal dismissed a late-filed will contest, treating the 120-day period as a firm cutoff.7Justia Law. Estate of Horn If you have doubts about a will, acting quickly is not optional.
No-Contest Clauses
Many California wills include a no-contest clause threatening to disinherit any beneficiary who challenges the will. Under Probate Code 21311, the clause is enforceable only against a direct contest brought without probable cause.8California Legislative Information. California Probate Code 21311 If a reasonable person would have believed the contest had a fair chance of succeeding on the facts known at filing, the clause won’t strip the contestant of their inheritance even if the contest fails.
Federal Estate Tax: Nine Months
Estates valued above the federal exemption must file IRS Form 706 within nine months of the date of death. For 2026, the exemption is $15 million per individual, following the extension enacted by the One, Big, Beautiful Bill Act signed in July 2025.9Internal Revenue Service. What’s New – Estate and Gift Tax Estates below the threshold don’t file Form 706 at all. Executors can request an automatic six-month extension on Form 4768, but the extension delays the filing, not the payment.10Internal Revenue Service. Instructions for Form 706
Separately, an estate that earns $600 or more in gross income during a tax year must file Form 1041 by April 15 of the following year.11Internal Revenue Service. Instructions for Form 1041 Rental income, dividends, and interest that accrue after the date of death all count. The executor, as the taxpayer on behalf of the estate, is the one responsible for filing.
Closing the Estate: One Year
Under Probate Code 12200, the executor must either petition for a final distribution order or file a status report within one year of appointment. If the estate is required to file a federal estate tax return, the timeline extends to 18 months.12California Public Law. California Probate Code 12200 Missing this deadline doesn’t automatically trigger sanctions, but it gives beneficiaries grounds to petition for court action or to seek the executor’s removal. Most California probate cases close in 12 to 18 months; contested estates and those with complex tax issues can run longer.
When Deadlines Can Be Paused
A few situations pause the probate clock, though courts apply these narrowly.
Fraud or Concealment
When someone deliberately hides a will or misleads heirs, courts can apply equitable tolling, which suspends the statute of limitations until the fraud is discovered. If an executor distributes assets under intestate succession while concealing a valid will, affected heirs may be able to act after the standard deadlines have passed. The petitioner has to show the delay resulted from the other party’s misconduct, not their own inaction.
Minors and Incapacitated Persons
Deadlines may be tolled for minors and people who lack legal capacity. The clock doesn’t start until the minor turns 18 or the incapacitated person regains the ability to act.
Active-Duty Military Service
The federal Servicemembers Civil Relief Act lets courts stay proceedings and extend deadlines for heirs, beneficiaries, or creditors on active duty. The service member doesn’t have to prove hardship beyond showing that military duties prevented participation.13United States Courts. Servicemembers Civil Relief Act (SCRA)
Why the Deadlines Matter to the Executor
An executor who lets deadlines slip isn’t just delaying the estate. They can be held personally liable for the resulting losses.14California Legislative Information. California Probate Code 9600 Distributing assets to beneficiaries before paying federal claims can trigger personal liability for the unpaid amount under 31 U.S.C. 3713.15Office of the Law Revision Counsel. 31 U.S. Code 3713 – Priority of Government Claims Failing to send proper creditor notice can extend the four-month window and force the estate to pay claims that would otherwise have been barred.
Beneficiaries who suspect problems can petition for a formal accounting at any time. If none has been filed within a year of appointment, the court must order one on request from any interested person.16California Legislative Information. California Probate Code 10950 In Estate of Miller, an executor who profited personally from estate assets was ordered to repay the estate out of pocket.17FindLaw. Estate of Miller Every deadline in the probate code has a version of the same logic behind it: the person running the estate is expected to know the clock and act on it.