Turlock, CA asked in Probate for California

Q: If you file a Petition for probate court, how long does a respondent have to file an answer?

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James L. Arrasmith
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Answered

A: In California probate court, after receiving the Petition, respondents have 30 days to file their answer. This deadline starts from the date they were personally served with the court papers.

If the respondent lives outside California, they still must meet this 30-day deadline unless they qualify for specific extensions under California law. Keep in mind that failing to respond within this timeframe could result in the court making decisions without considering the respondent's position.

It's crucial to note that weekends and court holidays count toward the 30-day period, but if the deadline falls on one of these days, it extends to the next business day. If you need more time to prepare your response, you can request an extension, but this must be done before the original deadline expires, and the court must approve it.

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