Legal Question in Wills and Trusts in California

Re: when should probate begin

No, there is no statute of limitations over the probate process, but it should be opened as soon as possible.

If the entire value of the estate is less than $100,000, the process can be done relatively quickly. If more, the entire process could take 9 months or more.

Re: when should probate begin

At any time after a decedent's death, any interested person may commence proceedings for administration of the estate of the decedent by a petition to the probate court. A personal representative has only such powers, rights, and duties as are conferred by law (CA. Probate � 399). Although the Probate Code does not impose a mandatory duty on the person named as executor in the decedent's will to have the will probated, it does provide that any interested person may petition the probate court for probate of the will. Further, it provides that if the person named as executor in the will has the will in his or her custody, he or she must deliver it to the court (CA. Probate � 400).

Re: when should probate begin

There is no statute of limitation as to when probate may begin.

The prority is with spouse first, then if no spouse, then children, and so on and so forth down the line.

Probate is not automatic. If no spouse is left, then any child can petition the court for probate.

If the person who died left any debt, you would b advised to start the probate at the earliest possible time to give them early notification to creditors. This limits the time the creditors have to come forward for any debt.

If you need any help with filing the petition, please email me at [email protected]

Regards,

Mina Sirkin, Esq.