California  |  Wills and Trusts

Legal Question

Asked on: 6/25/13, 9:11 am

In California Probate Court the personal representative is supposed to file with the court an inventory of assets of the decedent within 120 days. I am unable to meet this deadline because I did not contact the Probate Referee in enough time for them to complete their appraisal and get the form back to me. Can I file Attachment 1 only and add attachment 2 at a later date. Or should I file a petition for extension of time? If I file an extension of time (this is what I would prefer) how will I know if it is accepted and will this mean that I will have to appear before the judge to have it approved?

1 Answer

Answered on: 6/25/13, 9:20 am by John Palley

What you would want to do is file your inventory as "Partial No. 1" rather than "final." Then do a Partial No. 2 or a "final" for the other items. You might also do a declaration to the Court explaining your delay and giving an estimate of when you will file Partial No. 2. Some Courts are sticklers on the deadline but most are not.

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