Legal Question in Wills and Trusts in California

Is there a statute of limitation on closing a probate case in California? This case has been going on since Nov. 1998 (the decedant passed in Oct 1998). There was a law suit involved, on a separate matter but involving the estate, which settled about Nov 2003.


Asked on 7/28/09, 3:03 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

There's not, and if the court hasn't set its own Order to Show Cause hearing for an answer as to why it hasn't closed, you may want to contact an attorney about filing one yourself. If the estate doesn't close a year from being opened, the executor/administrator is required to file yearly status reports to the court explaining why it has been open for so long, why it needs to stay open and when the closing petition should be filed.

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Answered on 7/28/09, 6:25 pm


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