How long should it take in CA to file as administrator of a probate on an estate for a decedent with no will?

Asked almost 2 years ago - Riverside, CA

So far it has been three months since the probate attorney was hired and there has been no filing. The assets have been detailed and valued. There are several checks that need to be deposited into an estate account. They are going to be stale dated if the filing is not completed soon.

Attorney answers (4)

  1. Amanda Lisa Sinclair

    Contributor Level 7


    Lawyers agree

    Answered . It should only take a few days to file the petition for a hearing, but you do need to gather all of the necessary information to complete and sign the Petition for Probate and related forms. Sometimes there are necessary delays in locating all of the information needed for the Petition for Probate and locating the necessary persons who need to be served Notice of the Hearing for the Petition for Probate. The real delay is the time from filing the Petition for Probate and obtaining a hearing date. Each county differs as to how far out hearing dates are. Sometimes hearings can be as far out as 12 weeks. If there is a real urgent need for action on behalf of the estate, you should consider filing for Special Administration.

  2. Clinton O'Keefe Killian

    Contributor Level 4


    Lawyers agree

    Answered . You mean there has been no petition for probate filed? It is a very simple 4 page document. Who is the proposed administrator? Whos is the closest next of kin? In CA if there is no will then priority igoes to the closest next of kin ie sppuse, children grandchildren The one with the priority should harire an attonrey and filee the petition If not then any interested person can file the petition for probate

  3. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . I agree with my colleagues. This is not something that should take long at all. Because your summary indicates that you have an attorney, your attorney is the property person to address these questions to. I would highlight the issue with the checks and try to determine if there is anything holding this up.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more
  4. Howard Robert Roitman

    Contributor Level 17


    Lawyers agree

    Answered . Losing a loved one is a sad and difficult time for family, relatives, and friends. In addition, those left behind must often figure out how to transfer or inherit property from the person who has died.

    To do this, you must usually go to court. And dealing with the courts and the property of someone who has died is very complicated. Sometimes, however, family or relatives may be able to transfer property from someone who has died without going to court. But it is not always easy to tell whether you need to go to court or qualify to use a different procedure.

    This section will give you some general information to help you understand what your choices may be, but we still encourage you to talk to a lawyer to get specific answers about your situation. You can usually pay the lawyer’s fees from the property in the case.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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