Law & Legal & Attorney Wills & trusts

Time Limits on Estate Executor Duties in California

    Naming an Executor

    • As soon as possible after the decedent is buried, the potential estate executor should file a petition with the superior court in the county in which the decedent lived, asking for letters of administration. Letters give an individual the financial right and obligation to handle the decedent's estate, pay claims and distribute assets.

    First Estate Hearing

    • The first estate hearing in California usually occurs approximately six weeks after the filing of the letters of administration. The executor must notify by mail all heirs and beneficiaries listed in the estate. These individuals should appear for the hearing.

    Notice to Creditors

    • Usually within 14 days of filling for letters of administration, the executor should place an ad in the newspaper notifying creditors of the death of the individual. Creditors have four months to notify the executor of any claims against the estate. The executor should verify the claim and either pay the claim or hold it for discussion at the hearing.

    Closing the Estate

    • Simple estates requiring little distribution of assets can be completed in less than a year. Complex estates with a number of claims against it, missing heirs and a large amount of property and money may take years to complete.



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