Whether you’re preparing ahead of time for your loved one’s estate going into probate or it already has recently, and you have a concern, you’ve likely wondered, “How long do you have to sue an estate in California?” Speaking with a skilled probate lawyer is the ideal way to find the answers to any questions you have and receive honest advice from an educated and trained legal professional.
Estates and Beginning the Probate Process
An estate is all the property, debt, and other assets belonging to an individual; estate planning refers to documenting how a person wants their property to be handled when they die or become incapacitated from injury, illness, or age. Once the owner of an estate passes away, probate will follow soon after. Probate is the legal process of dividing the property, paying off the estate’s debts, and providing the assets to the estate’s heirs or beneficiaries.
Within 30 days of their death, the person in possession of the decedent’s will or other valid document must file for probate at the Probate Department of the Superior Court. The courthouse must be in the county where the person resided or where their property is if they lived out of state. After this, it will usually take the court a few weeks to appoint the personal representative of the estate, also called an administrator or executor, if they’re named in the will.
The individual appointed as personal representative begins the case by filing a Petition for Probate or another eligible document. The probate clerk will set a date for the hearing, and the administrator then must notify any parties named in the will, unnamed family members, and any other interested persons. After the parties have been notified of the estate, anyone can choose to file a suit against the estate by contesting the will or another alternative estate planning document.
Reasons Someone May Contest an Estate
If someone interested in an estate wants to contest the will, the choice of the personal representative, or another probate element, they must file relatively quickly—the window to contest a will after it has begun probate is 120 days. There is a mandatory waiting period after beneficiaries are issued a Notice to Creditors by the personal representative before any action or proceedings related to the estate’s property distribution or settlement can occur.
It’s important to take official legal action with the help of a probate attorney soon after being notified that an estate has entered into probate so the court can be made aware that a beneficiary, relative, or other interested party has an issue with the will or the probate arrangement. As long as an official contest is made in a timely fashion, there is no statute of limitations that mandates when the estate must be settled.
A will or other estate plan document cannot be argued against simply because an heir thinks their inheritance is dissatisfactory; there must be a valid reason for contesting an estate or the decedent’s will– of which there are many.
For example, a will may be challenged because there’s a later version that would replace it, the decedent was supposedly not mentally competent when making the will, or the document is believed to be a forgery, fraudulent, incorrect, or drafted under “undue influence.”
FAQs
Q: Who Handles an Estate During Probate in CA?
A: A personal representative must be appointed to oversee the proceedings if an estate qualifies for probate– meaning there may or may not be a will or the estate is valued over a standardized amount. If a person’s will names a specific party to manage their estate, the individual is known as the executor. If no executor is named, they cannot be found, or the person does not wish to serve in this role, the court must appoint someone to act as the estate’s administrator.
Q: Is There a Time Limit to Settle an Estate in California?
A: Normally, the time limit for settling an estate is one year from the date the estate’s personal representative is appointed or 18 months if a federal estate tax return must be filed. Some circumstances necessitate the process to take longer, such as when an estate is especially large or complex. If there is a contest to the will, the process can extend for as long as is warranted, with some cases taking years to settle.
Q: What Is the Time Limit to Contest a Will in California?
A: The general time limit for contesting a Will is a few months, usually four after the beneficiaries of the estate have been notified that probate will soon commence. It’s wise to begin making a plan with a qualified probate lawyer as soon as you have received the Notice to Creditors or promptly after a concern arises if you believe there is something wrong with the will or you have doubts regarding the executor’s or administrator’s ability to manage the estate.
Q: Where Is Probate Handled in California?
A: If a person’s estate meets the criteria requiring the probate process, the case must be brought to the Superior Court in which the decedent resided or the county where their property is if they lived outside California at the time of their death. The Superior Court has a Probate Department and can tell you where the probate clerk’s office is located.
Q: Is Probate Required in California?
A: Not all situations will require the beneficiaries or heirs of an estate to go through probate. If the owner of the estate had a living trust in place of a will, then their relatives could bypass the process of probate. If the estate is equal to or less than a specific monetary amount or if all assets are community property shared with a living spouse, probate is also considered unnecessary under most circumstances.
Consult With a Probate Attorney for Adept Guidance
At the offices of Sweeney Probate Law, we prioritize our clients and build a strong working relationship rooted in trust and honesty. During your initial consultation, you will get a sense of how our legal team operates and an honest evaluation of your circumstances. Contact us today to schedule a meeting.
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