Q: What are the statute of limitations on an heir being able to claim property with or without a will in California ?
A: Your question is more complicated than you realize. It cannot be answered without a lot more facts. It depends on whether the estate was ever probated and what has occurred with respect to the property you have in mind since the date of death. My best advice is to schedule a consultation with a probate attorney. If real property is involved, you might also need a consultation with a real estate attorney, but start with a probate attorney.
A:
In California, the general statute of limitations for a person to contest a will is 120 days from the date the court admits the will to probate. For heirship claims without a will (intestate succession), an heir generally must come forward within a reasonable time, but specific time frames can vary depending on individual circumstances, such as whether the estate has been formally administered. Delays can lead to complex legal issues, so prompt action is advisable.
James L. Arrasmith
Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith
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