Legal Question in Wills and Trusts in California

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?

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

1 Answer from Attorneys

John Palley Meissner, Joseph & Palley, Inc.

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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Answered on 6/25/13, 9:20 am

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