How Much Time Do You Get To File for Probate?
Losing a loved one is a harrowing experience, and dealing with the legal responsibilities that follow can only add to the emotional weight. One of these responsibilities is determining when and how to file for probate. Although California doesn’t have an exact deadline for filing probate, there are several reasons why it may be worth considering filing for probate sooner rather than later.
Getting Started With Probate- How Does It Work in California?
Probate is the legal process that validates the decedent’s will (if there is one) and oversees the distribution of their assets. In California, probate is often necessary if a loved one dies with assets exceeding $184,500 (as of 2025) and they didn’t have a living trust or similar.
Although there isn’t a strict statutory deadline that forces you to file immediately after the death, it is advisable to start the process promptly. This can help protect the estate from potential creditor claims, prevent unnecessary financial losses, and help avoid complications arising from delays.
Why Timing Matters
Even though the law does not mandate an exact filing date, waiting too long can have disadvantages., including the following:
- Executor’s Liability
The executor or personal representative manages the estate and oversees distributions to the beneficiaries. Failing to initiate probate promptly can lead to civil penalties and being deemed to have forfeited their role as an executor. They may also incur financial liability for any losses the estate incurs due to neglect or delay.
- Estate Complications
Procrastinating on probate affects more than just the executor; it can also cause a chain reaction of problems that affect the entire estate. These include:
- Frozen assets: Until probate is opened, some assets, such as bank accounts, may remain inaccessible to the beneficiaries.
- Prolonged creditor claims: Once the probate process begins, creditors have a limited window to file claims against the estate. However, if probate is delayed, creditors have more time to pursue claims, resulting in prolonged claims and disputes that could have been avoided with a timely probate filing.
- Beneficiary disputes: If heirs are left waiting for their inheritance without clear communication, tensions may arise, leading to legal battles that further prolong the probate process. At the same time, if an executor fails to file for probate within a reasonable time, beneficiaries may petition the court to remove the executor and appoint a new one.
- The Estate Continues To Accrue Expenses
If an estate remains unsettled for a long time, it will likely continue accruing unnecessary expenses. For instance, property-related expenses, such as utility bills, property taxes, and maintenance costs, may not stop just because probate is delayed.
- Assets May Lose Value Over Time
Some estate assets, such as real estate and financial investments, can depreciate if left unmanaged. For example, a house that sits vacant for too long may develop maintenance issues, reducing its market value, while investment accounts may incur penalties or experience fluctuations in market value. By handling probate promptly, the executor can preserve the estate’s assets and ensure they are distributed per the decedent’s wishes.
To prevent loss of estate value, legal dispute, and creditor actions, it is best to seek legal guidance from an experienced probate attorney as soon as possible.
Contact the Probate Guy
If you are dealing with a loved one’s estate and are unsure about how to proceed, 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:
selfhelp.courts.ca.gov/probate/small-estate
