Q: how long does it take to receive money from probate after the final accounting and distribution is filed?
A:
Dear Lake Elsinore:
It is not the filing of the Petition for Approval of Final Accounting and Distribution, but the date of the entry of the resulting order that is the important date. The order provides authority for the representative to make the distributions.
The shortest time period between filing of the petition and hearing is 15 days, the minimum notice period. However, as a rule of thumb, courts average 20 to 45 days between filing and the hearing date. How long depends on how busy your courthouse is and the ability of their staff to review the petition.
At the hearing, assuming that the representative did not miss any steps, the court will normally grant the order. But, if anyone objects the court will normally provide them time to file a written objection and set a new date in the future. (If they file a written objection prior to the hearing the court may attempt to address it then, or may continue the matter.)
Important tip here, if you do not agree with anything in the petition, you need to appear and state your objection. Best if you file a written objection prior to the hearing. If you do neither, you will waive your right to complain later.
Once the court grants the order, the representative normally makes distributions quickly. In my office, we try to get them out as soon as possible, within a few days of the order being issued. However, it may take a week or two for the representative to get the checks out and issued.
I certainly hope this helps answer your question. If you have any more questions, particularly about if the accounting, fees, and costs are reasonable, you should contact an attorney. If you do not know where to find an attorney, you may wish to try your local county bar association. Most California County Bar Associations operate a lawyer referral program that matches you with an attorney who provides a consultation for a nominal or no fee. (In my home county, it is $35.00 for a 30 minute consultation.)
Best of luck.
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