Once someone passes away, there are requirements for the custodian of the will that must be completed within a set period of time. The probate process is a series of deadlines. Some deadlines are strictly enforced, while others can be extended with the permission of a probate judge. If you have been tasked with settling an estate, you may be asking yourself an important question: Is there a time limit to file probate in California?

Important Deadlines for Probate in California

Under state law, the custodian of the will must take the will to the probate court office within 30 days of the decedent’s passing. If the custodian of the will is not the executor (person named to administer the settling of the estate), then the custodian must send a copy of the will to the executor. If the executor cannot be found, the custodian must send copies of the will to all named beneficiaries.

Once the custodian of the will completes these tasks, they cannot be held liable for damages caused by the beneficiaries.

The executor of the will has a similar deadline to meet. Under state law, the executor has 30 days to petition the court for administration of the estate from the day the executor gained knowledge of the death of the decedent. If no executor was named, once appointed, the executor has 30 days to petition the court. If an executor fails to meet this 30-day deadline, they may lose their appointment as personal representative.

Once the probate process begins, the executive of the estate has 12 months to complete the probate process. One exception to this rule would be if a federal tax filing is required as part of the probate process. In that case, the courts allow 18 months to settle an estate. At any point during the probate process, the executor may ask the court to allow for an extension so complex issues can be resolved.

Reasons Probate Cases May Be Delayed

When someone passes away, the process of probating an estate can be delayed. These are a few reasons why an executor might need more time to settle an estate.

• No will: If the person who passed away didn’t leave a will, the absence of guidance from the decedent can slow things down. A will is a crucial estate planning document that tells everyone what the decedent’s wishes were for how their assets and property were to be distributed after death. Without a will, the executor will have a more difficult time completing the probate process.
• Disputes among beneficiaries: Heirs and beneficiaries may argue about who should get what from the estate. This can cause delays, especially if they don’t agree with what’s written in the will or do not believe the will is lawful.
• Forms and deadlines: Making sure all court documents are completed properly is a crucial job for any estate executor. If anything is filled out wrong or if deadlines are missed, those errors can delay the probate process.

Handling an estate can be a daunting task.  Hiring a San Diego probate lawyer who understands the probate process and how California’s court system works can cut down on delays and allow beneficiaries to inherit portions of the estate in accordance with the wishes of the decedent.

FAQs

Q: What Happens If You Don’t File Probate in California?

A: The consequences of failing to follow the probate process can be serious. Anyone who is named as executor or even the custodian of the will is responsible for meeting court deadlines and completing the probate process. Delays and failures to complete the steps in probate could lead to the estate’s assets being frozen by the courts. Creditors could take civil action against at-fault parties.

Q: Is There a Statute of Limitations on Filing a Probate in California?

A: There are important deadlines that the executor of an estate must meet. Once notified that the decedent has died, the executor has 30 days to petition the court for administration of the settlement process. The executor is expected to finish the probate process within 12 months unless certain exceptions apply. An estate of a certain size must go through probate, and the executor of the estate could be held liable if certain requirements are not met.

Q: How Long Do You Have to Start the Probate Process in California?

A: The custodian of the will has 30 days to send a copy of the will to the executor of the estate, and the executor of the estate, once notified of the decedent’s death, has 30 days to begin the probate process one year to complete the process. There are exceptions to the 12-month deadlines, but the executor must request and be given an extension by the court.

Q: Can I Handle Probate By Myself?

A: You do not have to hire an attorney to assist you with the probate process, but hiring a probate lawyer can save you time and hassle. An attorney can also reduce the chances that you will be held liable for any errors during the probate process. The beneficiaries of the estate would benefit from peace of mind knowing the probate process was being handled with the help of a legal professional. In many cases, any legal fees incurred could be paid out of the estate.

Q: Is There a Time Limit to Settle an Estate in California?

A: Settling an estate could theoretically take well over a year or even multiple years if certain extensions are granted by the court. Complex cases are more likely to delay the settling of an estate. California’s probate courts work under the expectation that a probate case will be settled within 12 months. Estates that require a federal tax filing are allotted 18 months. The courts do provide extensions for qualifying reasons.

Schedule Your Estate Planning Consultation Today

Anyone who has been through the probate process understands that there can be unexpected delays in the settling of an estate. The courts may be backlogged with cases. Anyone who is unfamiliar with the probate process may make errors or miss deadlines that further delay the settling of an estate.

One way you can reduce the chances of unnecessary delays in a probate case is by working with an experienced lawyer who is familiar with the steps required to settle an estate. Our law firm has many years of experience helping clients navigate California’s complicated probate process. To schedule a consultation, contact Sweeney Probate Law.