Legal Question in Wills and Trusts in California
Time Limit For Closing Estate
My sister was named as executor in my mother's will, with myself as an alternate. My mother passed away 2 1/2 years ago. My sister has done little toward getting things in order, claiming she has no money for the fees. I have offered to pay them several times. I have not seen the will, but I know the estate is well under $100,000 (no need for probate, with the only valuable thing being 4 parcels of land (value less than $10,000), still in my parents' name (my father is deceased as well.). Can I petiton to take over as executor since she hasn't responded and I will be paying the fees? Is there a certain time frame mandated for this to be completed? Please advise. Thanks!
2 Answers from Attorneys
Re: Time Limit For Closing Estate
There is no time limit after a person's death to start a probate court proceeding. Usually people want to get things organized or their is pressure to pay bills and probate proceedings start earlier.
If all that is involved is real estate with a value of $20,000 or less that can be transferred to you and your sister (or any other adult heirs) simply by (1) securing an appraisal by the locoal Probate Referee that the property is worth less than $20,000 and (2) You and your sister (and any other adult heirs) preapare an affidavit on a court approve dform, file the affidavit with the Clerk of the local probate court, record the certificate that the Court will then issue, record the certifiate with the County recorder where the property is located and title to the property is then in the names of you and your sister and any other heirs.
If the affidavit procedure cannot be done, then you can file a probate proceeding (much more expensive) and you can ask that you be named as Executor of the estate. Youi can allege that your sister has abandoned her opriority status by her failure to act, then you can move forward with the probate process.Any expenses of the propbate come out of the assests, so, it may be necessary to sell or borrow against the real estate to pay the expenses. If you rpesent this alternative to your sister it may motivate her to act.
Re: Time Limit For Closing Estate
The time limit is one year for a formal probate (unless circumstances require otherwise), but it doesn't sound from your question as if one has been opened. However, in this case, even though the estate is small and a formal probate proceeding would ordinarily not be necessary, you might want to consider filing a petition for probate and asking that you be named as executor. In that way, at least the estate would be closed. Take a look at the Nolo book on probate (Nolo has a website) to get a better idea of what is involved. (This statement does not constitute my representation of you, nor is it an attorney-client communication.)
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