Legal Question in Wills and Trusts in California

Re: probate time limit

Do not delay, a petition may be filed to have the current executor removed and a new one appointed. No appearance will be necessary by the new executor if you obtain represnentation. Please call me directly at 9619) 222-3504.

Re: probate time limit

If probate started on November 1, 2002, there can be no conclusion for a minimum of 4 months. That is the time frame in which creditors can make a claim against the estate.

The executor is required to communicate with you, and you should file a Request for Special Notice with the court and the executor or his attorney. They are then required to provide you with notice of anything they do.

It is premature to be demanding replacement of the executor without more concrete information.

Re: probate time limit

Stating he wants to prolong the process is not a good sign, and it may be grounds for removal, but the process also requires at minimum that probate be open four months at least from the time letters testamentary are issued. Once that period has passed, though, he should prepare the accounting, file it, and ask for final distribution of the estate.

You should speak with a lawyer in the county where the probate is open--depending on your brother's motivation and whether he's serious, you may need some help in forcing him to move the probate along or replace him.

Re: probate time limit

As the other attorney's have probably told you, you can move to have a new administrator appointed and completed the process. You can also petition the court for an accounting to force the current administrator to take some action. Delay usually is accompanied by some wrongdoing....