Deadlines and Timelines in California Probate
Probate is a court-supervised process through which a deceased person’s estate is administered and distributed. The probate process involves several steps, including gathering and inventorying estate assets, settling debts, paying taxes, and distributing assets to heirs and beneficiaries. Probate proceedings can be complex. This process involves various legal deadlines and timelines. Adhering to these deadlines ensures that legal requirements are met and the probate process proceeds smoothly. If you are involved in the probate process, it is vital that you understand the critical deadlines that must be observed. Below is a look at the key deadlines and timelines in the California probate process.
- Filing the Petition for Probate by Named Executor in Will
The probate process begins with the named executor filing a Petition for Administration with the probate court. According to California Probate Code section 8001, unless a good reason for delay exists, the person named in a decedent’s Will as executor has 30 days from the time they learn of the decedent’s death and that they are named as executor to petition the court for administration of the estate. The Petition for Probate is typically filed in the county where the decedent lived at the time of their death.
- Notice of Petition for Probate
All individuals and entities named in the Will and everyone who would be entitled to inherit the decedent’s assets under intestate succession laws are entitled to receive notice of the Petition for Probate. This notice must be given at least 15 days before the hearing. Each party should receive a notice showing the hearing date information. Also, a copy of the notice must be published three times in the legal notice section of a local newspaper. The first publication date must be at least 15 days before the hearing.
- Contesting Appointment of Personal Representative
If a person objects to the appointment of a personal representative, they should file written objections to the appointment before or at the hearing. Usually, the hearing occurs 15 to 30 days, or upon request, 30 to 45 days after the petition is filed.
- Inventory and Appraisal
After the personal representative is appointed, they must compile an inventory of the decedent’s assets. The personal representative must complete the inventory and appraisal and file it with the court within four months from the date letters of administration are first issued.
- Notice to Creditors
If the decedent died and left behind debts, creditors have the right to make claims against the estate. According to California Probate Code section 9051, the personal representative should notify creditors within thirty days after learning about the creditor or four months after letters are issued, whichever is later.
- Petition for Order for Final Distribution or Status Report of Administration
A personal representative must file a Petition for Order for Final Distribution or Status Report of Administration within one year after issuance of letters (if no federal tax is required). If a federal tax return is required, this should be done within 18 months after the date letters were issued.
Contact The Probate Guy
If you need the help of a probate lawyer, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=8001.&highlight=true&keyword=30%20days
