Legal Question in Wills and Trusts in California

Length of Probate

I,along with my siblings all from Washington state, are the heirs to our uncle's estate. He died in 2001 in California and the bulk of the estate was sent to us in late 2002. We have tried many times to contact the attorney handling the estate to find out when the final paperwork will be done. He did tell me last November that he has to wait a ''good long time'' to make sure there are no other bills to be paid and he should be able to finish up the estate by the end of the year. My question is, how long is a ''good long time''? I have tried to contact him on numerous occasions but I get no response. This has been a very difficult time for my siblings and I and we would very much like to get this matter closed. We think since it has been 2 1/2 years that seems like a long enough time to settle the estate. Thank you for your response.


Asked on 4/15/05, 4:01 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Length of Probate

According to the Probate Code, a "good long time" is 4 months. You should demand an accounting from the attorney.

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Answered on 4/15/05, 4:11 pm
Bruce Busch Bruce R. Busch, Attorney at Law

Re: Length of Probate

I'm not licensed in CA but I think you should verify a couple things. The 4 months period indicated by the other responding attorney probably assumes a notice to creditors was published. Assuming no notice was published the statute of limitations for all claims in Washington State is 2 years. I'm going to wager that the same limitations period applies to CA although you should confirm with a CA attorney. So it appears 2.5 years is a "good long time."

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Answered on 4/15/05, 4:23 pm


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