Legal Question in Wills and Trusts in California
Is there a statute of limitations on probate
Both my parents are decesed my father died in 1987 and my mother in 1992 with no will or living trust and the property never went to probate. What if any can be done at this time.
3 Answers from Attorneys
Re: Is there a statute of limitations on probate
I am assuming that you now want to change title to some of their property (real estate). You will need to open a probate. There is no statute of limitations. It should have been done immediately, but since it wasn't, you need to do it now.
Attorney fees for handling a probate are based on a statutory fee structure. I handle probate throughout the state of California.
Re: Is there a statute of limitations on probate
Yes. If it is necessary to open a probate then it can be done anytime. If you need to sell or refinance real property, the transfer has to be done through a probate proceeding.
Re: Is there a statute of limitations on probate
You can petition for probate at any time.
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