How Long Does an Executor Have to Settle an Estate in California?

The probate process in California can be lengthier than many people would prefer. Once the probate process begins, creditors have four months to respond to notices that an estate that owes money to debtors is in probate. One way to minimize or even avoid time in probate is to work with an estate planning attorney before an estate owner passes so certain trusts and legal documents are in place. If you are involved in a California probate case, you may be wondering how long does an executor have to settle an estate in California.

Timeline for Settling Estates in California

Settling an estate through probate court is a very complicated process. The courts take steps to move the process along, and the executor of an estate generally has 12 months to complete the probate process and pay heirs or beneficiaries from the estate. This payout can only happen once all debts have been paid. The executor may take up to 18 months when there is a federal estate tax return that needs to be filed.

While an executor is generally expected to settle an estate within 12 months, there are reasons that the executor may file for an extension that allows for additional time to address complex issues related to the probate case. Any extension approved by the court does not allow for delays in paying state and federal debts and taxes owed.

Reasons an Executor May Request an Extension in California

Though any probate case can come with unique circumstances and challenges, there are certain circumstances that make it more likely for the executor to experience issues.

• No Will
  A probate case may become delayed if the deceased owner of the estate did not leave a will. This basic component of estate planning is critical for ensuring that the wishes of the decedent (deceased person) are honored after they pass. A well-drafted and lawfully executed can greatly reduce, or even potentially eliminate, the amount of time a case spends in probate.
• Contested Case
  A contested probate case can also lead to serious delays. An heir or beneficiary could contest the legitimacy of a will. When there is no will, or the will is not legally binding, it could be contested. This could lead to significant delays, as each claim to an estate would have to be addressed and resolved before the probate case could be finalized.When litigating in probate court, multiple relatives or beneficiaries may hire personal probate attorneys to seek a favorable division of the estate.
• Improperly Completed Forms or Missed Deadlines
  One reason an executor of an estate may work with a San Diego probate lawyer is to ensure that all forms are properly filled out. One potential cause for a delay in the probate process is if any court filing is incomplete or incorrect. Probate courts do not allow for errors, and all filings must be timely and accurate.Throughout the probate process, a judge will set hearings. At each hearing, certain steps must be completed, or the hearings will be reset, and then the probate process will be delayed. Completing the work of settling an estate can seem daunting and overwhelming. A California probate lawyer can streamline the process and complete many of the time-consuming tasks so beneficiaries do not have to wait for their inheritance unduly.
• Complex Estates
  omplex estates are more likely to take longer to settle. One reason an estate may be considered complex is if there are many beneficiaries. Contacting and notifying beneficiaries of the probate process takes time, and locating out-of-state heirs and beneficiaries can delay the probate process. Large numbers of beneficiaries also can increase the chances that someone disputes some aspect of the estate settlement process.Large estates can have assets distributed across a wide range of areas. Accounting for every piece of property and every dollar that belongs to an estate can quickly become a time-consuming process. Even when the properties are located, they may have to be appraised. Any of these situations could lead to the need for a delay in the probate process.

One way to avoid placing your relatives through a burdensome probate process is by hiring an estate planning lawyer who understands how to plan your estate dealings to minimize time in probate.

FAQs

Q: How Long Does the Executor Have to Pay the Beneficiaries in California?

A: The expected timeline for settling an estate and paying all beneficiaries is 12 months and 18 months if a federal tax filing is required. There are numerous reasons that the executor of the estate may request an extension. Even when the estate can be settled within 12 months, all debts and taxes must be paid in full before the remaining assets and property are distributed to beneficiaries in accordance with the wishes of the decedent.

Q: Can an Executor Withhold Money From a Beneficiary in California?

A: Executors do not have the authority to act outside the guidelines stipulated in the will. An executor cannot withhold money from a beneficiary unless they are directed to do so through a will or another court-enforceable document. As part of the probate process, a judge will make sure that all beneficiaries are paid in accordance with the wishes of the decedent before the estate can be considered settled.

Q: How Long Will a Living Trust Spend in Probate in California?

A: A living trust may not have to go through probate. Probate deals with the distribution of assets and property in accordance with the guidelines of a will. One way you can prevent the need for certain assets from having to go through probate is by placing those assets into a trust. Upon death, the assets or property can be transferred automatically to another person without the need to go through probate.

Q: What Can an Executor Not Do in California?

A: An executor cannot alter the will in any way, nor can an executor act in a manner that violates the wishes of the decedent. Executors cannot use their appointed position to personally profit from the task of settling an estate. Any violation of these basic tenets could result in serious civil or potentially criminal liabilities for the executor, who is placed in a position of trust during the probate process.

Schedule Your Estate Settlement Consultation Today

Ideally, a relatively simple probate case can be resolved within 12 months. There are many situations where probate can take considerably longer. If a federal tax filing needs to be made, the probate timeline can increase to 18 months. The executor of an estate may request that a judge extend the probate process to allow for complex issues to be resolved.

One way you can reduce the time it takes to settle an estate is by working with an experienced probate attorney who understands how to file accurate and timely court documents. To schedule a consultation, contact Quinn & Dworakowski, LLP so we can begin assisting you in your probate court case.