Legal Question in Wills and Trusts in California

Inheritance question

Does an attorney have a time limit to distribute an inheritance? Probate hearing was October 2001, waiting period is now complete on a fairly uncomplicated estate (no real estate), taxes have been paid. Can the money be held indefinately?


Asked on 6/17/02, 3:46 pm

2 Answers from Attorneys

Joan Bennett McCormick, Kidman & Behrens

Re: Inheritance question

There is not an "indefinite" period, but it is unclear from your question which hearing was held in October, 2001. If that was the initial hearing to open the Probate proceedings, then Letters of Administration would be issued after that, from which time the creditors would have 4 months to file claims. The claims must then be paid. If it is a "cash poor" estate, property may need to be sold to satisfy the claims or to make a final distribution to the beneficiaries. Unless waived, an accounting must be submitted at least annually. If it is a simple estate, it is likely that a "first and final" account will be submitted by the personal representative along with a request for an order on final distribution. You should be able to contact the personal representative for status or check the court records to see if any actions are pending.

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Answered on 6/17/02, 4:59 pm
Madhu Kalra Kalra Law Firm

Re: Inheritance question

I am not sure what kind of hearing was held. If it was for approval of distribution of estate property, than your attorney is ready for distribution immediately, however, if the hearing was for executor apt. than, they still have to file Inventory and appraisement and after 4 months of the hearing date, could be possibly ready for filing of the petition for distribution.

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Answered on 6/17/02, 6:24 pm


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