Q: In the state of California, what is the deadline for an executor of the estate to file probate with a will?
The executor of the estate has the will and told some beneficiaries but not all. The is a personal representative mentioned in the will.
A:
In California, the deadline for an executor or personal representative named in a will to file for probate depends on the date they were made aware of the death. According to California Probate Code Section 8200:
1. If the executor or personal representative named in the will was aware of the death at the time it occurred, they must file the petition for probate within 30 days of the person's death.
2. If the named executor or personal representative becomes aware of the death more than 30 days after it occurred, they must file the petition for probate within 30 days of becoming aware of the death.
It's important to note that all beneficiaries named in the will must be given proper notice of the probate proceedings, regardless of whether the executor has informed them or not. Failing to provide notice to all named beneficiaries can lead to issues and potential challenges to the probate process.
If the executor or personal representative fails to file the petition for probate within the specified timeframe, they may be held personally liable for any damages resulting from their failure to act. In some cases, the court may choose to appoint a different administrator to handle the probate process.
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