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Most Estates are open about a year since the various tasks of paying taxes, selling property, locating heirs, etc, often take that long. At the very least, one can expect six to nine months of time before the Estate can close and if there is litigation outstanding, the Estate can stay open for years.

Paying Debts and Taxes Illinois, for example, requires executors to allow six months. California requires a bit less, with four months.

In California, you can make a living trust to avoid probate for virtually any asset you own - real estate, bank accounts, vehicles, and so on. You can create a trust document, naming yourself as trustee and someone to take over as trustee after your death (called a successor trustee).

If the estate cannot be closed within one year after issuance of Letters (or 18 months if the estate is required to file a federal estate tax return), the Personal Representative must file a verified report on the status of the estate.

In order to close a probate estate in California, the appointed personal representative must file a petition with the probate court which reports everything he/she has done in regards to the estate. The personal representative must file a Petition for Final Distribution within one year after Letters are issued.

Since every estate is different, the time it takes to settle the estate may also differ. Most times, an executor would take 8 to 12 months. But depending on the size and complexity of the estate, it may take up to 2 years or more to settle the estate.

A letter of testamentary is a court order that grants the executor of a Will the authority to settle the estate during a probate case. A letter of testamentary must be petitioned for by the person who wishes to be executor, with the petition usually costing $435.

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Contra Costa California Sample Letter for Closing of Estate

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