Skip to main content


San Diego, CA |

my sons are part of an inheritance (MONEY FOR COLLEGE) they are minors, money is in a probate after more than a year they had not receive nothing. what can we do to get the money sooner than later

Attorney Answers 3


Hello - unfortunately probate court is commonly lengthy and burdensome (hence the importance of estate planning, primarily Trusts). Now there are ways to expedite the probate process but that depends on various factors such as whose estate was left and possibly your relationship to the decedent. I advise you yo speak to a Probate attorney because I myself have assisted clients in petitioning for alternative routes than the standard probate process. Good luck.

Mark as helpful

3 lawyers agree


If your sons are minors and are beneficiaries of an estate, then you will need to be appointed guardian ad litem for them and then secure legal counsel. You stated nothing above if the money was in a Trust, or part of an estate where a Will is being probated or an intestate succession without a Will. Please seek the help of an attorney.

Mark as helpful


If your son's are minors, there is no urgency in getting the money if it was left for them for college. That said Mr. Benton is correct, you will need to be appointed guardian if there is no will, the will does not set up a trust, or the will is not a pour over will into a trust, otherwise you cannot take control of the money.

Mark as helpful

1 lawyer agrees

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics