Q: Q: I just discovered my father passed away and his estate was dispersed can I make a claim for his estates
Is there a time limit?
A:
In California, there is a time limit for filing a claim against an estate after the estate has been dispersed. This time limit is known as the statute of limitations.
According to California Probate Code Section 16460, if you were not properly notified of the administration of your father's estate, you have the right to file a claim. The statute of limitations for this type of claim is as follows:
1. If you were entitled to receive a share of the estate under intestate succession laws or under your father's will, you have one year from the date of final distribution of the estate to file a claim.
2. If you were not entitled to receive a share of the estate, but you have a claim against the estate (such as a debt owed to you by your father), you have one year from the date you discovered or reasonably should have discovered the facts giving rise to your claim.
It's important to note that these time limits can be complex, and there may be other factors that affect your ability to make a claim. It is highly recommended that you consult with a qualified probate attorney in California as soon as possible to discuss your specific situation and determine the best course of action to protect your rights and interests.
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