Legal Question in Wills and Trusts in California

It's been three years since my uncle passed away, and his estate still hasn't been submitted for probate. The executor, (my cousin) keeps making excuses. Is there a deadline to make sure an estate is settled? The house was sold two years ago. Who oversees an executor? What if they never submit it to the court? Should I be worried?

Asked on 3/10/23, 6:59 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

I'm afraid your question makes no sense. If the estate wasn't submitted for probate they shouldn't have been able to sell the house. However, if we're talking a trust rather than an estate that has to go through probate, the successor trustee could sell the house, but then there would rarely be a need for probate (a trust being among other things a vehicle to avoid the time and expense of probate). So you'll need to re-post your question with more accurate, clear and specific information.

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Answered on 3/11/23, 11:13 am

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