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In California, state law gives executors or administrators of estates a time limit to complete probate: one year from the date they are appointed to their position. However, extensions can be requested when delays in the process occur?which is why it generally takes 12 to 18 months.
The Estate Settlement Timeline: There is no specific deadline for this in California law, but it is generally best to do so within a month to prevent unnecessary delays in the probate process.
An executor or executrix is the person named in a will to carry out the terms of the will. Upon petition, the Superior Court will verify the appointment of the executor in the will and issue Letters Testamentary which give the executor the right to administer the estate of the deceased and to dispose of any property.
Executor Withholding inheritance Once the executor handles the debts, taxes, and other obligations of the estate, beneficiaries of the will have the right to receive their inheritance. Creditors in California have one year from the date of the debtor's death to file a claim against the estate.
Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.
Petition for Probate (DE-111) Ask the court to start the process for distributing a deceased person's property, paying debts owed by the deceased person, and settling the financial affairs of the deceased person.
What must I do to close the estate? The Personal Representative must file a final account, report and petition for final distribution, have the petition set for hearing, give notice of the hearing to interested persons, and obtain a court order approving the final distribution.
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.