How Long Does a California Executor Have to Pay Beneficiaries?
Waiting for the inheritance of a loved one left can be frustrating, especially when you don’t seem to be getting it any time soon. This may make you wonder how long an executor has to pay beneficiaries. Unfortunately, the answer isn’t so straightforward, as the probate process can be lengthy, sometimes taking several months or even years. If the estate is complex, this timeline can be longer. If you are a beneficiary, understanding this timeline and how to handle delays in asset distribution is essential.
The Role of a California Executor
An executor has the legal authority to represent a decedent’s estate, settle their debts, and distribute assets after the final accounting. An executor is appointed by the deceased person in their will or by the court to manage the deceased person’s estate during the probate process. Their role includes the following:
- Filing a petition for probate
- Determining and valuing the decedent’s estate
- Notifying creditors, paying bills and taxes
- Distributing the remaining assets to the beneficiaries
California Probate Timeline
An executor or personal representative generally has about one year from their appointment to complete their duties. In California, the probate process typically takes about 12 to 18 months. However, this can be longer depending on the estate’s complexity, size, and any disputes among beneficiaries. While each case is unique, here is the California probate timeline:
I) Filing a Probate Petition With the Court (1-2 Months)
The probate case formally starts with filing a probate petition. An executor named in the will or appointed by the court files it with the Superior Court in the country where the decedent lived.
II) Notification and Inventory (4-6 Months)
The executor notifies all interested parties of the probate proceedings. They also determine and accurately value the deceased person’s assets, including bank accounts, real estate, and personal property. This helps in ascertaining the finances available.
III) Settling Creditor Claims and Taxes (6-12 Months)
In California, creditors have four months from the issuance of the date letters to file claims against a decedent’s estate. All outstanding debts and taxes must be paid before the beneficiaries can be paid. This includes federal and state taxes, estate taxes if applicable, and debts owed to creditors who file claims. It is worth noting that if there are any disputes over debts or taxes, delays can occur.
IV) Court Approval and Distribution (1-3 Months)
The final step involves submitting a final accounting of the estate to the court for approval. After the court approves the final accounting and issues an order for distribution, the executor is required to distribute assets to beneficiaries without unnecessary delays. 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.
What to Do if the Executor Delays
If you suspect the executor is unreasonably delaying the distribution of assets, you have several options:
- Reach out to them for progress reports and reasons for delays.
- If delays persist, file a petition requesting the court to ask the executor to account for their actions or distribute assets.
- Discuss the issue with an experienced probate attorney for guidance on the best steps specific to your case.
Contact the Probate Guy
If you are facing probate, 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.
