Woonsocket, RI asked in Estate Planning for California

Q: How long does a conservator have to transfer the estate to the executor in California after the conservatee has died?

I am the executor of my fathers estate listed in his will. He died 4 months ago under a conservatorship, and I have not been informed anything in regards to his estate. I live in Massachusetts which is why I was not his conservator, he received a court appointed one. I was contacted about disposition of his ashes but have received no other information in regards to his estate. When does the law require transfer of assets as I am named executor and benificiary in his will.

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2 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Estate Planning Lawyer
  • Studio City, CA
  • Licensed in California

A: you need to talk to a probate attorney specifically. if your father only had a will and not an estate plan with a living trust then you will need to open probate to administer his estate and transfer assets.

James Edward Berge and Gerald Barry Dorfman agree with this answer

James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: I agree with Yelena that you need to open a probate of your father’s estate to collect any money or property passing to his estate upon his death and to establish yourself as the legal representative of his probate estate. But before the probate estate gets anything, the conservator will first need to petition the court for authority to close the conservatorship estate upon approval of a final accounting and an order to pay the remaining funds held in the conservatorship estate to the executor of the probate estate. Call the conservator or her attorney to see when they intend to file their petition. There’s no hard deadline to do so, but the court will expect one in a reasonable period of time.

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