How long does probate take in California? Depending on the advanced planning and the volume of assets or debts inside an estate, it can take a few months or longer to resolve probate. If your family members can’t find your estate documents or your assets, for example, this could make it harder for them to close out the estate.
By appointing a personal representative now, you name the individual responsible for gathering all of your assets, properly distributing them through probate, and formally closing out the probate process. Personal representatives in California must complete probate within one year of the date they are appointed, unless they file a federal estate tax. In that specific situation, a California personal representative has a total of 18 months to complete probate.
In the event that they cannot resolve probate during that time, the personal representative is then responsible for filing a status report to explain what steps still must be taken and their anticipated timeline for completing those. If the personal representative fails to report to the court, beneficiaries may ask the court to remove this individual to close probate or order that person to file an accounting. The court can then remove the personal representative and appoint someone else.
If there is a will contest, this is another situation that could extend the time period it takes to resolve probate and estate administration.
By choosing the right personal representative now, you greatly increase your chances that they will feel confident and competent when it comes to closing out your estate. Further, by completing your estate plan with the help of a Pasadena estate planning attorney, you can much better position your personal representative to be able to take care of things in an organized and streamlined fashion.
