Legal Question in Wills and Trusts in California
My Mother died one year ago and left my daughter as the executor. My daughter says "everything is still in probate. How can I check on the status of this?? Where do I start?? How long does the probate thing go on?? It's been 13 months now.
3 Answers from Attorneys
Presumably your daughter can ask her attorney to give you an update. Probate can take a long time as the Court must approve accountings of assets and tax clearances must be obtained, etc... If you are not on good terms with your daughter for any reason, then you may have to look at the actual court files to see what the status is.
You may want to verify with the court whether any probate has been filed. Have you received any notices with a case number on it?
It is not uncommon for probates to take as much as 18 months, depending on the type of assets and other issues. You can check with the Court in the jurisdiction where your mother died (possibly on line) to see if a probate has been opened and what its status is. If you are a beneficiary you should get notice of any Court proceeding that impacts you. You can also file a request for special notice, if you would not otherwise be getting notic.
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