Risk of Estate Taxes and Liens Without probate, the estate may face unresolved tax issues, leading to additional financial liability for the heirs. The estate might also face liens or claims from creditors that could have been resolved through the probate process.
Step 1 Petition for Probate (Form DE-111, Judicial Council), and all attachments, Original Will (if there is one) Notice of Petition to Administer Estate (Form DE-121, Judicial Council) Duties and Liabilities of Personal Representative (Form DE-147, Judicial Council) Order for Probate (Form DE-140, Judicial Council)
That being said, it is never a good idea to delay the inevitable. California Probate Code section 8001 specifies that the executor has 30 days after the decedent's date of death and after learning they are the nominated executor to petition the court for administration of the estate.
California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.
Probate cases in Riverside County are usually heard at the Riverside Historic Courthouse at 4050 Main Street.
Time Limits for Filing 120-day deadline: A petition for probate must typically be filed within 120 days of the decedent's passing. This step formally begins the probate process, allowing the court to appoint an executor or administrator to handle the estate.
Time Limits for Filing 30-day deadline: The personal representative (responsible for managing the estate) must notify all beneficiaries and heirs within 30 days of the decedent's death, so everyone understands the probate process and their involvement.
Executors in California must be 18 years old and of sound mind. In-state and out-of-state executors are both allowed. As with other states, in California you'll first need to petition the court for letters testamentary to be empowered to act on behalf of the estate.
Probate cases in Riverside County are usually heard at the Riverside Historic Courthouse at 4050 Main Street.
Because of time delays between the time of filing documents with the court and the hearing related to the subject matter of those documents (usually 60 to 90 days in the Riverside and San Bernardino County Probate Courts – much longer in the Probate Courts of Orange and Los Angeles Counties), as well as the mandatory ...