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California statutory law requires a trustee to account annually to current trust beneficiaries, i.e., those who are currently entitled to receive distributions of income and principal during the accounting period. Any trustee, other than the settlor(s) who established the trust, has a duty to account.
As a will executor or beneficiary, you may be wondering how long probate takes in California. The real answer is: It depends on a lot of factors. However, a general answer is 18 to 24 months.
Paying Debts and Taxes Illinois, for example, requires executors to allow six months. California requires a bit less, with four months.
Since every estate is different, the time it takes to settle the estate may also differ. Most times, an executor would take 8 to 12 months. But depending on the size and complexity of the estate, it may take up to 2 years or more to settle the estate.
An executor must account to the residuary beneficiaries named in the Will (and sometimes to others) for all the assets of the estate, including all receipts and disbursements occurring over the course of administration.
You should not spend any of the estate's money unless you have received permission from the court or have been advised to do so by an attorney. You may reimburse yourself for official court costs paid by you to the county clerk and for the premium on your bond.
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.
Most Estates are open about a year since the various tasks of paying taxes, selling property, locating heirs, etc, often take that long. At the very least, one can expect six to nine months of time before the Estate can close and if there is litigation outstanding, the Estate can stay open for years.
How Do I Get a Letter of Testamentary in California? In order to get a letter of testamentary and therefore become the executor of the Will when an estate is being probated, a person must file a petition (form DE-111) with the superior court in the county where the decedent lived.
An executor's job is to take control of the estate's assets and distribute them to the decedent's beneficiaries. An executor must also provide an accounting of all assets and distributions for the court and beneficiaries.