Legal Question in Wills and Trusts in California
Time Frame For Probate
How soon after death does probate need to be started if there is no will?
2 Answers from Attorneys
Re: Time Frame For Probate
There is not a set deadline, that I am aware of, when there is no will. However, you can lose priority pursuant to Probate Code 8468 if you don't file for probate. When there is a will it is supposed to be filed within 30 days. Thus, I would probably use the 30 day rule as a target to file for probate. If you want to speak to an attorney who has been certified by the California Bar as a specialist in estate planning, trust and probate law please call me. -John Palley
Re: Time Frame For Probate
There is no time frame in which to file, though the earlier the better. I suggest that you contact an attorney near you to commence the probate process.
If you have any further questions, please feel free to contact me.
Sincerely,
Kai H. Wessels, Esq.
(toll free: (877-wessels)