Legal Question in Wills and Trusts in California

Re: Time liit for filing will for probate

There is no time limit. You can file for probate at any time. However, if someone has filed for probate of a will and you are contesting their will, you must file your contest within 4 months from the date of issuance of the Letters Testamentary.

Re: Time liit for filing will for probate

The time-limited six months after the date of death. Basically is filed it as soon as possible. If you don't you have possession of it and are the executor or administrator of the estate of the court has discretion to issue sanctions yes you including, but not limited to two taking a lot of the position of any authority and other matters along with appropriate road. If you aren't in a heir or proposed executor, at worst is a fine of fraud the cords possibly could stop you from inheriting any assets in the estate to which you would otherwise be entitled, but that is somewhat drastic and would take the absolute perfect so the fact that would imagine. Hopefully this will help you. If you have a will though make a copy and take the original to the Superior Court in the county in which the individual passed away or lives and file with the court. No big deal. If you think it's a big deal and you wish to consult with the claim in the San Francisco Bay Area and had been practicing estate law for over 30 years. 925 -- 945 -- 6000.

Re: Time liit for filing will for probate

The will should be filed with the Superior Court within 30 days of death, or 30 days of when it is discovered. The probate, if necessary, should be opened as soon as possible.

On the otherhand, there is no penalty for failure to start probate on a timely basis, other than if the named executor did not do so because they took advantage of the assets of the estate, the courts might appoint someone else as executor.

Re: Time liit for filing will for probate

The limit is six months, but people file late all the time and if a probate hasn't been opened, you should proceed as soon as possible.