Navigating the Probate Process: Factors Affecting Duration
According to California law, unless a federal estate tax is filed, the personal representative must finish the probate process within a year of being appointed. The personal representative in this situation may have 18 months to finish the probate process. The personal representative is required to submit a status report to the court detailing what has to be done and how long it will take if probate has not been finished by that point.
Beneficiaries may ask the court to order the personal representative to file an accounting or take other steps to end probate if he or she fails to submit a report to the court. The personal representative may be terminated by the court, who may then name a replacement. There are situations that can occasionally lengthen the probate process.
The procedure may take longer if there is a Will contest (a claim made in court that all or a portion of the will is invalid), the size and complexity of the estate demands more time, or it is difficult to identify beneficiaries. It can take years to conclude some probate matters.
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