Legal Question in Wills and Trusts in California
Staute Of Limitations-Timeline After Death
Is there a statue of limitations for filing for Probate, after a person's death... for instance, if
someone had died 15-years ago, can they still put the estate in probate? what about the creditors? surley they would have written thier accounts off by now?.
I feel this person has filed for administrator of thier mothers estate as a way to avoid a statue that bars them from a right to recover property.
They didn't pay property taxes on the house for over
6-years and it almost went to public auction and thats where I come in.
Thank you.
2 Answers from Attorneys
Re: Staute Of Limitations-Timeline After Death
There is no statute of limitations for filing probate, although the Probate Code encourages it by requiring the will being filed within 30 days after death and courts usually favor the first administration petition filed.
Creditors' claims are generally barred after one year from the date of death.
As for filing the probate, it sounds like it was necessary at some point in order to transfer the property from the person's mother to him or her. Unless the property was in a trust or joint tenancy, there probably is no other way to transfer it. Perhaps the probate became necessary because the person wants to sell the property or borrow against it--both of these require that the property be transferred or be in the process of being transferred.
Re: Staute Of Limitations-Timeline After Death
15 years is a long time. Are you sure there was no probate before? Was the property in joint tenency, and therefore automatically transferred without probate? Perhaps the total assets were not high enough.
Your question is too vague for a difinitive answer. Either email complete details, or call my office ot 925-924-0100
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
