California law does try to keep a handle on the probate process so that it doesn’t take forever, but the reality is that it can still easily take quite a while if there are a lot of conflicts over the estate. A probate attorney in San Diego, CA can help you get through this process as smoothly as possible. And if you’re planning your estate now, a probate lawyer can help you minimize how much time your estate will stay in probate for the good of your family and heirs.
How Long Does Probate Take in San Diego, CA?
The Court’s Timeline
One of the things you really have no control over is the general timeline of the court. Once you have found a copy of the will, this has to be filed with the probate court so the court can set a date for the hearing. You have to file this in the county where the decedent lived, and it has to come along with the death certificate and all proper forms. Since it can take a little while for the death certificate to be issued, this step often takes a couple of weeks. You then have to wait for the court to respond to you with an official hearing date, and thus you should probably budget around three weeks for this process from the time of the decedent’s passing.
Publishing Notice of the Hearing
Once you have received notice from the court about the date of your hearing, the next step is to file a notice so that all interested parties know about the hearing. This has to be done in a local newspaper, and it has to be published at least three times. You also have to send an actual copy of the hearing notice to every person or entity that is named in the will and any obviously interested party, such as a creditor. Getting all this done usually takes another two to three weeks.
Hearing and Executor Appointment
At the first hearing, the court will decide who should be the executor of the estate. If someone was actually named in the will, this could be a quick process unless someone in the family wishes to contest the executor. If someone wants to contest this, it could take weeks to deal with the situation.
Something else that can hold things up will be when a decedent dies without a will. If that happens, the court has to decide who should become the executor, and the family may have varying ideas about who is the best person for the job.
Once an executor is appointed, the next step is usually for them to post a bond. A bond is insurance that protects them and the beneficiaries against mismanagement of the estate. The executor typically cannot begin their duties until they have posted this bond.
Proving the Will
The next step is to prove that the will is valid, and this is usually a quick step that can be done in a week or two. If the will has been properly signed and validated with the help of a lawyer, it’s easy to prove. But if you have a handwritten will or there are conflicting wills extant, this step can take quite a bit longer.
Inventorying and Valuing All Estate Assets
This is one of the longest jobs of probate. The executor must inventory all assets that belong to the estate and must value each one correctly. The assets might include fairly simple ones, such as bank accounts and vehicles, as well as much more complicated assets like investment funds, a business, or real estate. It can take quite a while to properly value some of these, particularly real estate and businesses, and it’s very common for experts to have to be brought in. This step can often take four to six months, depending on how complicated the estate is and whether there are disputes about the value of certain assets.
Taxes and Creditors
Once the full estate value is known, the next step is to pay off all taxes owed to the IRS and the state of California. Once this is done, the next step is to pay any creditors that have come forward with claims. This step can take anywhere from one to three months, depending on how many claims there are and whether any are disputed.
Final Hearing and Distribution to Heirs
Finally, once all the above have been taken care of, the court will schedule a second hearing where the judge will sign off on the estate and what’s been done so far and give permission for the executor to distribute the rest of it to the beneficiaries. This last step can be very short if it only means sending some money to the beneficiaries, but if there are more complicated assets, it can take a while. For example, if a business must be sold and the proceeds distributed to the various heirs, it can take a while to find a buyer, and there can be disputes over the value of the business and how much the family should let it go for. Expect this to take between two and four months.
Closing
The final step is to close the estate, which is done once everything has been distributed and paid out and all the receipts and any related documents have been filed with the court. The executor of the estate will have to file proof that they have done everything according to the wishes of the decedent.
Speeding Things Up
Contact a Probate Attorney
Perhaps the best way to keep things moving is to hire an attorney. An attorney can help with every step of this process and particularly with filing complex estate returns. This will save you time and emotional energy along the way. An attorney can come alongside the executor and help them do their job more efficiently and connect them with other professionals that may be important to the process.
Hiring Other Professionals
Hiring an accountant and other types of professionals can often speed things up. Of course it costs money to do this, so you should talk to your lawyer about what’s in the best interests of the estate. If the estate has numerous complicated assets and misvaluation could devalue the assets, then it’s probably worth it to hire a professional. The same is true if you need to get things done quickly. For example, if the real estate market is on a downturn and the value of the estate’s holdings is dropping in consequence, it may be worth it to hire a real estate professional to get property sold quickly rather than lose significant amount amounts by waiting too long.
Whether you are already in probate or want to help your family avoid an extended probate period, we can help. Contact Frisella Neilson, APC in San Diego now for experienced help with probate and trusts.
