Fullerton, CA asked in Estate Planning and Probate for California

Q: How long does a defendant have to reply to a Petition for Probate? Time Sensitive - Reply Promptly Please

I filed a petition for probate in Riverside Superior Court of California, this petition was a demand for my father's third wife to produce my father's estate documents, along with other issues. The Petition was served by a Process server on Jan 26, 2024, how many day does the defendant have to reply to the petition. I have read 30 days but I can't locate a legal statute or code that states this for probate.

Thank you for the prompt reply.

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 probate proceedings, the time frame for a respondent to reply to a petition can vary based on the specific type of petition filed and the local court's rules. Generally, for most matters related to probate, such as contesting a will or objecting to an executor's appointment, the respondent has 30 days from the date of service to file a written response with the court. This is consistent with the broader civil procedure rules that apply to the filing of responses to civil complaints, which typically allow for a 30-day response period after service.

However, it's important to note that probate proceedings have their unique nuances and specific statutes that may alter or specify different deadlines for certain actions. Since you're unable to locate a specific statute or code for the probate context, it may be because probate timelines can be governed by both state statutes and local court rules, which can introduce variations.

Given the importance of adhering to the correct deadlines in legal proceedings and the potential consequences of missing a deadline, it would be prudent to consult with a legal professional familiar with probate law in the Riverside Superior Court or to contact the court directly for clarification. They can provide you with the most accurate and relevant information regarding deadlines for filing responses to petitions for probate in your specific case.

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.