Q: In the state of California, what is the deadline for an executor of the estate to file probate with a will?
The executor of the estate has the will and told some beneficiaries but not all. The is a personal representative mentioned in the will.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, the deadline for an executor or personal representative named in a will to file for probate depends on the date they were made aware of the death. According to California Probate Code Section 8200:
1. If the executor or personal representative named in the will was aware of the death at the time it occurred, they must file the petition for probate within 30 days of the person's death.
2. If the named executor or personal representative becomes aware of the death more than 30 days after it occurred, they must file the petition for probate within 30 days of becoming aware of the death.
It's important to note that all beneficiaries named in the will must be given proper notice of the probate proceedings, regardless of whether the executor has informed them or not. Failing to provide notice to all named beneficiaries can lead to issues and potential challenges to the probate process.
If the executor or personal representative fails to file the petition for probate within the specified timeframe, they may be held personally liable for any damages resulting from their failure to act. In some cases, the court may choose to appoint a different administrator to handle the probate process.
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.
