In California, how long does the Executor have to file a will ?

What is the name of your state? California

The Executrix has the only copy of the will because it was created by an Estate planning service. Is there a specific time period in which she has to execute the will and if she does not do so, how do I approach ?

Mirandabn said:

What is the name of your state? California

The Executrix has the only copy of the will because it was created by an Estate planning service. Is there a specific time period in which she has to execute the will and if she does not do so, how do I approach ?

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My response:

There is no time limit or period in California to file for Probate. The Executrix (outdated moniker) is not the "Executor" until appointed as such by the Probate court - - despite the fact that she might be named as such in the Will.

If you are an heir to the Estate, or if you believe you are, and thereby have "an interest" in having the Estate probated, then you are free to file your own Probate action WITHOUT the Will.

Any "interested person" may petition the court for appointment of a personal representative or probate of decedent's will, or both. The petitioner need not necessarily be a named executor or eligible administrator. [Ca Probate § 8000(a); Arman v. Bank of America, N.T. & S.A. (1999) 74 Cal.App.4th 697, 701, 88 Cal.Rptr.2d 410, 413 - - "interested persons" include anyone having interest in estate that may be affected by probate proceeding.

If you file your own action, then when you serve the "Executor" that should be enough to get her off of her ass to "intervene" into the action, and to produce and file the Will for Probate.

Otherwise, if she STILL fails to produce the Will, then you can have yourself appointed by the court as the Administrator of the Estate, and the Estate will be divided pursuant to statute (per sterpes).

But, I can almost guarantee you that once you file and serve, this will be enough to get her off her ass - - especially if there's a lot to gain by being the Executor, and if the division of assets would be better pursuant to the Will, rather than by statute.

Good luck.

IAAL

Thank you.

I really appreciate your response, I'm on the other sde of the country and have repeatedly been refused a copy of the will. Now, among other things, I know how to obtain it.

Re: Thank you.

Mirandabn said:

I really appreciate your response, I'm on the other sde of the country and have repeatedly been refused a copy of the will. Now, among other things, I know how to obtain it.

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My response:

First, you need to confirm whether or not a Probate action has, or has not, actually been started. So, what you need to do is call the courthouse in the State, AND IN THE COUNTY, where the death occurred. Ask for the Probate "Registrar of Actions" clerk. Give the clerk all of the known information you have concerning the decedent; e.g., name, Social Security Number, place of death, etc. - - as much information as you can. Then, the clerk can confirm whether a Probate has been filed, and in which courthouse the papers may be located. Then, if it's been filed, you can request copies of everything in the file (by paying for it, of course).

If there is no filing, your next step would be to look for a Probate attorney on the Internet who practices in California - - and get the ball rolling.

IAAL