Q: What is the statue of limitations to petition Probate?
A: There isn't really a statute of limitations for filing for probate in California. I have filed cases, for clients 20 years after the death occurred. However, if you have a will you are supposed to lodge it within 30 days and, in theory, there could be penalties for failing to do that although I have never seen that. Also, if you are a creditor you would want to file within one year of death. You also would want to file before someone else if likely to be a competing probate situation. I hope this helps. -John Palley
Nina Whitehurst and James Edward Berge agree with this answer
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