Legal Question in Wills and Trusts in California

is probate possible after 6 yrs?

my grandma passed away 6yrs ago. She had 3 daughters and 3 grankids left. Basically only my mom and I claimed her, everyone else had disowned her. (my mom and aunts don't talk- I have no communication with my aunts) I took care of the funeral and tried to take care of the house. 1 of my aunts broke into the house and took all of the possesions. No one wanted did anything else. I tried doing probate, but was basically told since I was not next of kin, I had no rights to do that. It has now been 6yrs. the house sits empty (has been vandalized) and no probate has ever been done. Can I now start probate after 6 yrs? What about me being the grandchild? My mom and 2 aunts could care less. I want to finish this, finally give myself some closure, and take care of one last thing for my grandma. How much would something like this cost me, I already live check to check. I drove by to just check on the property, and there were people in the yard but I didn't stop because I'm not sure where I stand since I'm not legally next of kin.


Asked on 8/07/06, 5:50 pm

1 Answer from Attorneys
Donald Field Donald L. Field, Jr., Attorney at Law

Re: is probate possible after 6 yrs?

the advice you received was incorrect. you should have retained a qualified attorney at the time of your grandmother's death.

any interested person can open probate. there is no time limit to open probate.

see PROBATE CODE SECTION 8000 through 8007 at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

attorneys fees for probate are set by statute.

see PROBATE CODE SECTION 10800 through 10850 at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

there are also filing fees based on the gross value of the estate. you will need to check with the superior court probate department in the county in which your grandmother died.

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Answered on 8/08/06, 12:36 pm


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