What Are The Deadlines and Timelines In California Probate?
Key deadlines and timelines in California probate include:
- Contesting appointment of personal representative: at or before hearing (by filing written objections)
- Response to will contest: within 30 days after service of summons
- Petition to Revoke Probate: within 120 days after will is admitted to probate
- Inventory and Appraisal: within 4 months of issuance of letters
- Creditor Claim: 4 months after letters or 60 days after notice
TYPE OF FILING |
DEADLINES |
Cal. Prob. Code |
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Petition To Establish Death |
If administration pending, any time before filing of the petition for final distribution |
§202 |
Reporting Death To Director Of Health Care Services |
No later than 90 days after Decedent’s death |
§215 |
Notice That Decedent’s Genetic Material Available For Purpose Of Posthumous Conception |
Within· 4 months of issuance of death certificate OR· Entry of judgment determining Decedents death, whichever occurs first |
§249.5 |
Action To Impose Liability Under Section 249.6 (Improper Distribution Of Property After Receiving 249.5 Notice) |
Within· 3 years after distribution of property OR· 3 years after discovery of fraud,whichever occurs later |
§249.6 |
Disclaimer Of Interest |
Within reasonable time after person able to disclaim acquires knowledge of interest (9 months after death or vesting presumed reasonable) |
§279 |
Action To Establish Liability Of Decedent Covered By Insurance |
Within 1 year after expiration of the limitations period otherwise applicable, if the limitations period otherwise applicable has not expired at the time of decedent’s death |
§551 |
Petition For Exempt Property |
Upon filing of inventory or subsequently during administration of estate |
§6510 |
Petition To Select And Set Apart Probate Homestead |
Upon filing of inventory or subsequently during administration of estate |
§6520 |
Petition For Small Estate Set Aside |
Any time prior to entry of order for final distribution of estate |
§6600-6615 |
Petition For Administration By Named Executor In Will |
Within 30 days of knowledge of decedent’s death or may be held to have waived right to appointment |
§8001 |
Contesting Appointment Of Personal Representative |
At hearing on petition or file written objections before hearing (hearing occurs 15-30 days, or upon request 30-45 days, from filing of petition) |
§8003 |
Delivery Of Will To Clerk And Copy To Named Executor By Custodian Of Will |
30 days after having knowledge of testator’s death |
§8200 |
Petition For Probate Of Second Will |
Later of· 120 days after issuance of order admitting first will to probate or determining decedent intestate, OR· 60 days after proponent first obtains knowledge of the will |
§8226 |
Response To Will Contest |
30 days after service of summons |
§8250 |
Petition To Revoke Probate |
· Within 120 days after a will is admitted to probate (not available to a party to a will contest or person who could have been a party with actual notice) OR· before entry of order for final distribution if petition filed by minor or an incompetent |
§8270 |
Filing Inventory And AppraisalAndSection 480 Certification |
Within 4 months after letters are first issued to a general personal representative |
§8800 |
Written Objection To Appraisal |
Anytime before hearing on petition for final distribution of the estate |
§8906 |
Notice To Creditors |
Within later of· 4 months after date letters are first issued· 30 days after personal representative first has knowledge of creditor |
§9051 |
Filing A Creditor Claim |
Expiration of the later of· 4 months after date letters are first issued to general personal representative· 60 days after date notice is mailed or personally delivered to creditor |
§9100 |
Revision Or Amendment Of Creditor Claim |
For no purpose after the earlier of· Order of final distribution of estate· 1 year after letters of administration first issued to general personal representative |
§9104 |
Service Of Creditor Claim On Personal Representative |
Within the later of· 30 days of the filing of the claim or· 4 months after letters issue to a personal representative with general powers |
§9150 |
Notice Of Death To Director Of Health Care Services/Director Of California Victim Compensation Board/Franchise Tax Board |
Not later than 90 days after the date letters are first issued to a general personal representative |
§9202 |
Action On A Rejected Claim |
90 days from notice of rejection (rejection assumed if refusal or neglect to act within 30 days of filing) |
§9250 |
Contest The Validity Of An Allowed Claim |
Any time before settlement of the report or account of the personal representative in which first reported as allowed |
§9254 |
Claim On Action (When No Action Pending At Death) |
· 90 days after notice of rejection given if claim due at time of notice· 90 days after claim becomes due if claim not due at time notice of rejection given |
§9353 |
Claim On Action (When Action Pending At Time Of Death) |
Application for order to substitute personal representative in action must be applied for within 3 months after notice of rejection given |
§9370 |
Petition To Vacate Order Of Confirmation Of Sale |
Within 60 days after confirmation of sale |
§10351 |
Petition For Order Determining Amount Of Expenses Of Administration Of Encumbered Property |
At any time before payment is made to satisfy all liens on the encumbered property sold |
§10361.5 |
Action For Recovery Of Property Sold By A Personal Representative |
The later of· 3 years after the settlement of the final account· 3 years after the discovery of any fraud upon which the action is based |
§10382 |
Petition Requesting Allowance On The Compensation Of The Personal Representative Or Attorney For The Personal Representative |
Any time after 4 months from issuance of letters |
§10830 |
Petition Fixing And Allowing Personal Representative Compensation And Attorney For Personal Representative Compensation |
At the time of the filing of the final account and petition for an order for final distribution |
§10831 |
Account |
· 1 year after issuance of letters |
§10950 |
Petition For Preliminary Distribution |
Cannot be filed unless 2 months have elapsed after letters are first issued to general personal representative |
§11620 |
Petition For Determination Of Persons Entitled To Distribution |
Any time after letters issues and before order of final distribution |
§11700 |
Petition For Order For Final Distribution Or Status Report Of Administration |
If no federal tax return required, within 1 year after issuance of letters· If federal tax return required, within 18 months after issuance of letters |
§12200 |
Small Estate Affidavit – Personal Property |
Must wait to file a minimum of 40 days after death |
§13100 |
Petition For Order Determining Succession To Real Property (Small Estates) |
Must wait to file a minimum of 40 days after death |
§13151 |
Small Estate Affidavit – Real Property |
Must wait to file a minimum of 6 months after death |
§13200 |
Surviving Spouse Right To Dispose Of Community Or Quasi-Community Property |
After 40 days from death of spouse |
§13540 |
How Long Can A California Estate Remain Open?
The California Probate Code says that a Petition for Order for Final Distribution should be filed within 1 year from issuance of letters of administration, in an estate where no federal tax return is required. If a federal tax return is required, the petition should be filed within 18 months of issuance of letters. These deadlines apply to California probates that are not heavily litigated.