Estate Planning

How Long Should Probate Remain Open?

By Jennifer Sawday

Speaking of probates, an estate should be opened for no longer than one year or 18-months without filing a petition to close or a status report.  If you are a beneficiary to a probate estate opened longer than this time period, you may have grounds for demanding a status report, filing objections or otherwise (in layman's terms) inquiring what's taking so long with the court.

The one year period is for estates where a federal estate tax return is not required.

The 18-month period is for estates where a federal estate tax return is required.

If, however, the estate's personal representative (also an executor or administrator) fails to petition for final distribution or to file a verified status report within one-year/18-month deadline under California Probate Code Sections 12200 and 12201, and the court finds that the prolonged administration was caused by factors within the representative's or attorney's control and not in the best interests of the estate, the statutory compensation may be ordered reduced.

To this extent, court discretion re statutory compensation is properly exercisable. See California Probate Code Section 12205.

Consult with your attorney to see what your rights are as a beneficiary of a probate estate.

________
Estate Planning, Probate and Trusts involve complex areas of law. Individual circumstances must be considered before any advice can be given.  The general information above is not to be construed as legal advice, which can only be given after consideration of the unique facts of each matter. Please seek the advice or counsel of your attorney, financial advisor or CPA as it may be appropriate.

Full post as published by Estate Planning Practice Blog on September 22, 2008 (boomark / email).