Key Deadlines for a Typical Probate Proceeding in California

Probate proceedings can be complex, involving various legal requirements and timelines. If you are involved in a probate case in California, it is crucial to understand the key deadlines that must be observed. This article provides an overview of the essential deadlines to help you navigate the probate process smoothly. Please note that not all of these deadlines will apply to every probate proceeding, so it’s important to consult with a qualified attorney to understand your specific case.

Locating the Will and Initial Actions

Within 30 days after learning of the decedent’s death, certain actions must be taken:

1. Locate and File the Will:
   It is essential to locate the decedent’s Will. Once found, deliver the original Will to the Superior Court Clerk with a stiff backing or manuscript cover. The document’s title should be fully visible on the right-side margin. A $50 fee is required for delivering the Will to the court, which can be reimbursed from the estate. Additionally, mail a copy of the Will to the person named as the Executor in the document.
2. Examine Safe Deposit Boxes:
   Determine if the decedent owned any safe deposit boxes and examine their contents as soon as possible after death.
3. Identify Probate Assets:
   Determine if the decedent owned assets subject to probate. For my more information on which assets are subject to Probate see [LINK TO ARTICLE “IS PROBATE NECESSARY IF I DON’T HAVE A WILL”]. It is crucial to identify the assets and ascertain who will serve as the decedent’s Personal Representative.
4. Determine Heirs and Beneficiaries:
   If the decedent died without a will, you must ascertain who their heirs at law are. If the decedent died with a will, you must determine who the beneficiaries are in their will. Establish the decedent’s legal heirs and beneficiaries by collecting their names, ages, and addresses. Also, determine the decedent’s legal residence.

Initiating the Probate Process

Promptly after completing the initial actions mentioned above, the following steps must be taken:

1. File Petition for Probate:
   Use Form DE-111 (Petition for Probate) to file the petition for probate, along with the necessary supporting documents, such as the signed Duties and Liabilities of Personal Representative (Form DE-147). This step initiates the probate process and requests the court to grant letters testamentary or letters of administration.
2. Publication and Notice:
   At least 30 days before the hearing on the Petition for Probate, arrange for the publication of the Notice of Petition to Administer Estate, as required by the court. This notice informs interested parties about the probate proceedings. Additionally, at least 15 days before the hearing, serve the Notice of Petition to Administer Estate on all heirs, beneficiaries named in the Will, and executors named in the Will.
3. Probate Examiner’s Notes:
   Begin checking the Court website for Probate Examiner’s notes after serving the Notice of Petition. If any defects are identified by the Examiner, file the necessary paperwork promptly to correct them.
4. Proof of Publication and Notice:
   Five days before the hearing on the Petition for Probate, file proof of publication and proof of giving notice to interested persons, as required by the court. If the publication handling notice is familiar with the Probate process, it may file the proof of publication on your behalf.

Handling Estate Administration

After the hearing on the Petition for Probate and receiving authority from the court to administer the estate, the following deadlines and actions are important:

1. Inventory and Appraisal:
   Within four months after receiving authority, the Personal Representative must prepare and file an Inventory and Appraisal (Form DE-160) with the court. This document lists all the assets of the estate and their estimated values.
2. Notice to Creditors:
   Within four months after receiving authority, the Personal Representative must also notify any potential creditors of the probate proceeding. This notice informs creditors of the estate to present their claims within a specified time frame.
3. Claims Period:
   The Personal Representative must carefully review and evaluate all claims and either approve or reject them within a reasonable time.
4. Tax Filings:
   The Personal Representative is responsible for filing the decedent’s final income tax return (Form 1040) and, if necessary, an estate tax return (Form 706). The deadlines for these filings depend on various factors, so consulting with a tax professional is crucial.
5. Final Distribution and Closing:
   Once all debts, taxes, and expenses have been paid, and any necessary court approvals have been obtained, the Personal Representative can proceed with preparing a final account and report for the court. Once the final account and report is approved by the court, the personal representative can make final distributions and close the estate.

It’s important to note that these deadlines and actions are not exhaustive, and there may be additional requirements and timelines depending on the specific circumstances of the probate case. Consulting with an experienced probate attorney is highly recommended to ensure compliance with all legal obligations and to navigate the probate process effectively.