Legal Question in Wills and Trusts in California
Length of time to disribute an estate
My husband's Aunt died in October 2004. We were told we are in her will. How long does it take to distribute her estate? We have heard nothing, don't know who her attorney e\was or who the executor of her estate is. She lived in Monterey County. How would we find out who her attorney is and who the executor od the estate is. We would like some of her personal belongings etc.
2 Answers from Attorneys
Re: Length of time to disribute an estate
If the will is going to be probated, he should receive notice of that, which would also say who the proposed executor is. If it's a trust, he'd receive notice from the trustee along with a form he can use to request a copy of the trust. If he hasn't heard anything yet, he should ask a family member for more information--it's possible the process has begun and he's not receiving the proper notice.
You can also check with the local county court to see if probate has been filed (using his aunt's name to search the court records).
Re: Length of time to disribute an estate
A will, as opposed to a trust, still needs to go through Probate if the total value of the estate is over $100,000. This can take up to two (2) years to complete.
I agree with Mr. Johnson, contact the local Probate Court for her location and they should be able to let you know if the process has begun.
I you need further assistance, please feel free to learn more about the process at our firm's site at www.No-Probate.com. I can be reached for additional assistance there as well.
Links to the various Courts are available at www.CAStateLaw.com
Scott H. Linden
SCHOFIELD & GROSSMAN
www.No-Probate.com
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