The Probate "Waiting Period" Checklist: 5 Steps to Take Before Your Hearing
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The Probate "Waiting Period" Checklist: 5 Steps to Take Before Your Hearing

Posted by Christian Buitron on December 17, 2025

You have filed your petition, and now you are waiting.

In Los Angeles, the gap between filing for probate and your actual court hearing is typically 4 to 6 weeks. Most people think there is nothing to do during this time.

They are wrong.

This "Waiting Period" is actually the most dangerous time for the estate. The property is often vacant, insurance policies are ticking towards expiration, and you don't yet have the legal authority ("Letters") to sign contracts or access funds.

Use these 4 weeks to protect the estate's value so you are ready to sprint the moment the Judge signs your Letters.

1. The "Vacancy Clause" Audit (URGENT)

The Risk: Most standard homeowner's insurance policies contain a "Vacancy Clause." This often states that if a home is uninhabited for more than 30 days, coverage for vandalism, fire, or pipe bursts is CANCELLED.

If a pipe bursts on Day 31 and you didn't notify them, the estate is liable for the damage, not the insurance company.

Action: Call the insurance provider immediately. Tell them the property is vacant and request a "Vacancy Rider" or a specialized vacant home policy to maintain valid coverage.

2. Secure the Physical Asset

Vacant homes are targets for squatters and vandals. You cannot sell the house if it has been damaged or occupied while you were waiting for court.

Action:

  • Change the locks: Do this immediately. You don't know who has a spare key.
  • Install Timers: Put simple timers on lamps in the living room and bedroom to mimic occupancy.
  • Collect Mail: A stuffed mailbox is a billboard that says "No one lives here." Collect it weekly.

3. Prepare for "Full" vs. "Limited" Authority

When you go to court, the Judge will grant you either Full Authority (allowing you to sell the home easily) or Limited Authority (requiring court confirmation for everything).

Action: Plan your budget now.

  • Full Authority: We can sell quickly on the open market.
  • Limited Authority: This adds 6-8 weeks to the sale timeline due to the court confirmation hearing and overbid process.

I have strategies ready for both scenarios, but we need to know your cash flow situation now.

4. Gather Heir Data Now

Once you are appointed, the clock starts ticking on formal notifications. If you wait until you have your Letters to start looking for Cousin Bob's Social Security Number, you are wasting time.

Action: Collect full legal names, current addresses, and Social Security Numbers for all beneficiaries now. This saves your attorney weeks of administrative delays later.

5. The "Unofficial" Inventory

You cannot legally move, sell, or donate assets yet (you don't have your Letters!), but you can count them.

Action: Walk through the home with your phone.

  • Take photos of every room.
  • Open drawers and closets.
  • List major assets (jewelry, art, vehicles).

Documenting the condition of the home now protects you from accusations of missing items later.

Need a System to Track This?

Administering an estate involves complex accounting. If you lose receipts or mess up the math, the court can reject your final petition.

Clients of Probate Solution LA receive complimentary access to EstateExec (a $199 value). This software automates your inventory tracking and fiduciary accounting, replacing messy spreadsheets with professional precision.

Don't just wait for your hearing. Prepare for it.