Legal Question in Wills and Trusts in California
timeline
How soon after the death of the testator does the executor of the estate have to notify all beneficiaries, and then to carry out the instructions of the will?
Asked on 12/04/06, 4:52 am
1 Answer from Attorneys
Donald Field
Donald L. Field, Jr., Attorney at Law
Re: timeline
there is no specific time within which probate must be opened. however, if the person named as executor has possession of the will and probate is not opened within 30 days, such person may lose the right to be executor and be liable for any damages caused by the delay.
see: PROBATE CODE SECTIONS 8000 through 8007 and PROBATE CODE SECTIONS 8200 through 8203 at:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20
Answered on 12/05/06, 1:15 pm