Legal Question in Wills and Trusts in California
asset distribution
how long must one wait to distribute the assets of an estate with a will
1 Answer from Attorneys
Re: asset distribution
I'm assuming that the estate is small enough so that it will not need to go through probate (under $100,000).
There is no waiting period if no court proceeding is required. It would be wise for the executor of the small estate to get signed consent letters from all the beneficiaries before distributing the assets.
One advantage of waiting is so that the executor can make sure that all creditors have been paid. If the executor distributes too soon, and then a creditor shows up and demands payment, the executor could be liable. So until the executor is sure that there are no more debts outstanding, it is best to wait a while.