San Jose, CA asked in Estate Planning for California

Q: If distribution letter is signed and didn’t go through probate when do I get my share

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if a distribution letter is signed in the context of an estate that did not require formal probate, the timing for receiving your share depends on several factors. For estates that are administered without formal probate, such as those that pass via trust, joint tenancy, or other non-probate transfers, the distribution can often occur more quickly than through probate. However, the trustee or administrator still must ensure that all debts, taxes, and administrative expenses are paid before distributing the assets.

The specific timeline for distribution can vary. It often depends on the complexity of the estate, the clarity of the deceased's instructions, and whether there are any disputes among beneficiaries or creditors. Generally, if the estate is straightforward and there are no disputes, distributions might occur within a few months after the distribution letter is signed.

However, it's essential to communicate with the executor or trustee managing the estate to get a clearer understanding of the expected timeline for distribution in your specific situation. They should provide you with information regarding any outstanding obligations of the estate that must be resolved prior to distribution and any other factors that may affect the timing of your receiving your share.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.