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What happens if you dont file probate in california. After a loved ones demise, probate is essential for asset distribution and debt settlement in California. If probate isnt filed, assets might stay undistributed, beneficiaries could face uncertainty, and legal issues may arise from creditors or family disputes.
Yes, an executor can withhold money from a beneficiary if they have justifiable reasons. There will, however, be repercussions of such actions, and the executor should be prepared to deal with the beneficiaries if they take them to court.
Before the estate can be closed, the representative must file a Petition for Final Distribution.
A: California law states that the administrator of an estate or executor of a will must finish the probate process within one year from the date they were appointed as personal representative. The only exception is when a federal estate tax is filed, for which the administrator has 18 months to close the estate.
California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.
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Beneficiaries have a legal right to claim against an Executor if they feel he or she is not fulfilling their duties properly. This can lead to an Executor being replaced or a claim being made against them for a bdocHub of duty.
In California, state law gives executors or administrators of estates a time limit to complete probate: one year from the date they are appointed to their position. However, extensions can be requested when delays in the process occurwhich is why it generally takes 12 to 18 months.
Section 12200 - Time for petition for order of final distribution or making report on administration status.

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