Legal Question in Wills and Trusts in California

Re: probate deadline

You should not be doing much of anything. You should hire an attorney based upon the estate immediately. An attorney should be well versed in probate/trust law Depending upon how what types of assets are in the estate, how much they are all valued at, how many beneficiaries there are and where they are located in the overall nature of the estate you may, only slightly, come to the conclusion that you can do it yourself. Higher the attorney believed the not only will be much easier it will ultimately be done much better and more economically, again depending upon the nature of the estate. I've been practicing probate law in northern California for over 30 years and can say you'll how many problems individuals have by trying to do it themselves in the arena that does not lend itself to a dyi project.

Re: probate deadline

Probate is very complicated and technical. You should hire a probate attorney immediately. The estate pays the attorney's fees, which are set by statute.

If would like a free initial consultation and case evaluation, please e-mail me with contact information or call me at (818) 991-6664. I have over 20 years experience in these matters.

Good luck and thank you for your inquiry.

Re: probate deadline

You can file the will with the probate court where he died and asked to be appointed his administrator. Unless he was married and his wife is still alive, you and your siblings would have priority to serve as his adminstrator.

Feel free to call us if we can help.

Re: probate deadline

The law requires the holder of the original will to file it with the county court in the county your father was a resident of. If the estate assets are worth more than $100,000, a probate is likely required. See an attorney familiar with the probate process to see what steps are necessary for this particular estate.

If the will does not name an executor, there is a priority in persons qualified to be administrator of the estate. The spouse has first priority unless she isn't included in the will. Next come the children, all having equal priority. Someone, and it can be you, must file the required petition to open the probate if probate is required in this estate, so it's worth seeing an attorney to find out what's required.