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What is the statute of limitations for an estate in CA?

Anaheim, CA |

What is the statute of limitations for an estate? My dad passed in July 2009, my sister was the executer of his estate. His estate was to be split 50/50. She turned his house back to the bank. Cleared out his bank accounts of $60,000. Last offer to pay me off was $400.00. She has never given me any information on where she has spent the money. I did receive the life insurance that was due me, but so did she. I don't have money to pursue this because I've had to pay medical insurance of close to $2,000 per month for the last three years.

Attorney Answers 3


I don't know what statute of limitations might be applicable while the probate remains open. However, I urge you to consult with a probate attorney right away, just in case there is some sort of limitations period. Most probate attorneys will give free consultations.

If you are a beneficiary, the executor works for you. It's time to take the initiative and demand what you deserve.

Please call me for a free consultation at 925-362-4230. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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You mention that your sister is the executor of the estate. Was she appointed / approved by the probate court? Was a petition for probate filed? Have you spoken with your sister or formally demanded an accounting for the estate thus far?

It is time to take the initiative and consult with a local probate attorney to review all of your facts and circumstances so that you can make an informed decision on how to proceed.

When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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There is no "statute of limitations" for closing a probate estate. In most counties in California the probate court keeps track of cases by setting a date by which the estate should be closed at the time the court admits the will to probate. It generally sets a date for an order to show cause why the estate is not closed a year or so after the executor is appointed. If a probate has been opened, you should check the court file. Also you might consider filing a "request for special notice" in the estate. That would entitle you to a notice every time something occurs in the probate court. If you cannot afford a lawyer, the Orange County Bar Association has a panel of lawyers on a low fee/no fee basis - they generally give some free consultation as well. You might check with them.

DISCLAIMER: The response herein is not legal advice and does not create an attorney/client relationship or any right of confidentiality between you and the responding attorney. These responses are intended only to provide general information about perceived legal issues within the question. Each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer is not a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

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