You’re most likely a representative of a loved one’s estate or someone named as an executor in a will. Perhaps you’re a beneficiary wondering about the next steps, or you might be a family member trying to understand probate after a recent loss. Whatever your situation, knowing when to file for probate in California is important to honor your loved one’s wishes and protect the estate’s assets.
When should you file for probate?
Deciding when to file for probate in California is important to avoid legal complications. Here are some key points to consider:
- As soon as possible: Generally, you should start the probate process soon after your loved one passes away. This helps prevent potential issues with estate assets and ensures beneficiaries receive their inheritances.
- Within 30 days of death: California law requires that whoever has the deceased’s will must file it with the superior court within 30 days of the death. While this doesn’t mean probate must begin within this timeframe, it’s often a good time to do so.
- Consider asset types: If the estate includes assets that might lose value or have ongoing expenses (like real estate), starting probate sooner can help preserve the estate’s worth.
- Small estates may have options: For estates valued at $184,500 or less (this is the 2024 amount, and it is subject to change), a simplified probate procedure may be available. You can start this simpler process immediately or even years after the death.
Unlike some states, California doesn’t have a strict deadline for filing probate. However, waiting too long can complicate the process and potentially lead to disputes among beneficiaries.
Finding support during such a challenging time
It’s understandable that grieving takes time, and making important decisions about an estate can be especially difficult while coping with loss. Consider seeking the help of a lawyer experienced in probate and estate administration to guide you through the probate process and protect your loved one’s estate.