Q: Duration of inactive probate case in California
I am the granddaughter of a deceased individual who passed away without a will. A probate case was initiated in 2020 by the deceased's son. However, I am the rightful owner of a real estate property involved in the probate. I have presented to the court a decree showing I inherited the property from my mother, and the title is in my name. There is a fraudulent document that was recorded, falsely transferring the property from me to my grandparent, which I did not sign. How long can this probate case remain open without any action being taken?
A: A Probate Code section 850 petition can be filed to clear up the title problems. I highly recommend that you hire an attorney who is familiar with probate matters that involve a cloud on title and fraudulent transfers. Call me if you need assistance with this.
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A:
You're dealing with a complex situation involving potential fraud and property rights. In California, while there's no strict time limit for how long a probate case can remain inactive, the court generally expects cases to progress within reasonable timeframes.
If you believe fraud has occurred and the case has stalled, you have several options available. You can file a motion to dismiss the probate case for lack of prosecution, especially since it's been dormant since 2020. You might also consider filing a complaint about the fraudulent document with the court, as this could help expedite the resolution of your property rights issue.
Your strongest move would be to contact the probate court directly and request a status conference. This would force all parties to appear before the judge and explain the lack of progress. Additionally, you should work with a legal professional who can help you file the necessary motions to protect your property rights and potentially report the fraudulent document to law enforcement. The combination of these actions could help bring this long-dormant case to a resolution and protect your rightful ownership of the property.
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