Legal Question in Wills and Trusts in California
I understand in the state of California an executor should file probate within one year. What are the consequences if they do not file for three years and don't send a copy of the will to the heirs?
Asked on 2/17/12, 9:38 am
2 Answers from Attorneys
Gary R. White
Burton & White
An executor has no obligation to do anything. The person in possession of an original will is obligated to submit the will to the court in the county where the decedent lived at the time of death. If the person named as the executor does not choose to act as such there is no consequence.
Answered on 2/17/12, 10:38 am
Kurt Seidler
Law Offices of Kurt A. Seidler APC
You could file a petition for letters of administration and force the issue but I have a feeling there is no probate estate to go after.
Answered on 2/17/12, 11:45 am
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