Legal Question in Wills and Trusts in California

Probate

1. Is there a time limit within which you must start a probate once a person has died?

2. If the probate has not been started/or completed can those inheiting clean out the property and disperse of unwanted items?


Asked on 8/15/07, 6:15 pm

3 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Probate

Yes, there is a time limit but it is not enforced by sanctions against the people who could have been fined. No, it is not legal to distribute the property before the Will distributes it.

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Answered on 8/15/07, 6:28 pm
David Baker Law Offices of David R. Baker

Re: Probate

There is no time limit in which a probate has to be filed. If the probate has not been started then anyone cleaning out property and disposing of items does so at their own risk.

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Answered on 8/15/07, 6:35 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Probate

No. No, unless the property is held in a trust and the trustee is dispersing the property according to the trust terms.

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Answered on 8/16/07, 1:28 am


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