There's no single legal deadline, but executors usually start the probate process and notify beneficiaries within 30 to 90 days after death, with a formal "reading" often happening a few weeks after the funeral, though actual distribution takes much longer (months to over a year) depending on estate size, complexity, and potential disputes.
In general, beneficiaries are notified within three months of the date that the Will is filed with the probate court. Beneficiaries of a Trust document are notified much sooner.
Although a will can be read aloud after someone dies, it is not protocol to read a will aloud in California. Thus, there is no official timeline for when a will is read.
The "40-day rule after death" refers to traditions in many cultures and religions (especially Eastern Orthodox Christianity) where a mourning period of 40 days signifies the soul's journey, transformation, or waiting period before final judgment, often marked by prayers, special services, and specific mourning attire like black clothing, while other faiths, like Islam, view such commemorations as cultural innovations rather than religious requirements. These practices offer comfort, a structured way to grieve, and a sense of spiritual support for the deceased's soul.
You're typically notified as a beneficiary by the estate's executor via formal written notice during probate, but sometimes informally by family; for life insurance, the company tries to track you down after being notified of the policyholder's death, though it's best to know beforehand, ideally if the policyholder told you. Banks won't give information until the account holder dies, as you have no legal interest beforehand.
After probate is granted, debts are assessed, and all owes are compensated, then the beneficiaries can start to receive their inheritance. The distribution itself can also take time, sometimes between 3 to 6 months, in fact.
Most estates are finalised within 9 to 12 months, and it may take longer if: there are complex issues. the Will is contested.
By waiting ten months, the executor has the chance to see whether anyone is going to raise an objection. There are six months from the date of the Grant of Probate in which to commence a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Then a further four months in which to serve the claim.
This means that if you inherit a property any time between 1st September and 31st August, you must pay Inheritance or Capital Acquisitions Tax by the 31st October. For example, if you inherited a property on 3rd September 2023, you would have had to pay CAT by 31st October 2024.
Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle. If an estate tax return is required, the estate might not be closed until the IRS indicates its acceptance of the estate tax return. That can take more than two years from the date the person died.
If you're not sure you were named as a beneficiary in someone's Will, check with the probate court in the county where the decedent lived. Since it is a public record, you can request to see the Will's filing. If you find your name as a beneficiary, contact the executor.
California law provides less-specific deadlines for filing a Last Will and Testament for probate. Beneficiaries of a will are typically notified within three months of the probate court's receipt of the will.
Federal Taxes
For 2025, the Congress sets the federal estate tax exemption at $13.99 million per individual, or $27.98 million for married couples. This means estates valued below those thresholds owe no federal estate tax.
You can expect to receive inheritance money anywhere from a few months to over a year, with simple estates often settling in 6-12 months, while complex ones with taxes, disputes, or many assets might take years, depending heavily on probate/trust administration, asset types, and creditor claims. After the court grants probate (if needed), final distribution often takes another 3-6 months, but this varies greatly.
Your beneficiaries (the people who inherit your estate) do not normally pay tax on things they inherit. They may have related taxes to pay, for example if they get rental income from a house left to them in a will.
Although California law does not impose a strict deadline, executors are generally expected to complete the distribution process within 30 to 60 days following court approval.
Gift of an Existing Life Insurance Policy.
If an individual gifts a policy he or she owns on his or her life and continues to pay premiums and dies within three years of the transfer, the full death proceeds will be included in the insured's gross estate.
Once probate has been granted, banks can legally release funds to the executor. In most cases, banks release the money within 1 to 2 weeks after seeing the Grant of Probate. The executor will then use this money to: Pay off any final bills or taxes.