Legal Question in Wills and Trusts in California

Re: time limit for opening probate

If there is a will, it is supposed to be filed with the Superior Court within 30 days of death. Of course, that does not always happen. The probate should be opened by whomever was named as executor as quickly as possible. There are some situations where probate is not required, for example if the estate was very small. I have a probate where the person died in 1998, but no one got around to starting probate until late 2002. It causes valuation problems, but can be done. The best thing is to start probate, if necessary, as soon as possible. If there is no will, then another interested party can start a probate (wife, child, parent, sibling, creditor).

Re: time limit for opening probate

I believe the will is supposed to be filed with the Court within 20 (or 30 days). Other than that, I do not believe there is a deadline to file for probate however anybody can file for probate. Even creditors of the decedent!

Re: time limit for opening probate

California law says the will must be filed with the court within 30 days of someone's death, but I don't think there's a deadline for filing probate. If someone has been nominated executor and delays filing probate, that may work against them when it comes time for the court to approve him/her as executor.

Re: time limit for opening probate

there is no time limit for opening probate in California, although the passage of time can make the probate more difficult (and assets may have been improperly dissipated). if probate is not opened within 30 days after knowledge of death, the person named as executor may not have the right to be appointed executor (unless good cause is shown for the delay).

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=07001-08000&file=8000-8007

the 30 day period (after knowledge of death) for filing a will simply protects the custodian of the will from possible liability for NOT filing the will.

SEE:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=08001-09000&file=8200-8203