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In order to close a probate estate in California, the appointed personal representative must file a petition with the probate court which reports everything he/she has done in regards to the estate. The personal representative must file a Petition for Final Distribution within one year after Letters are issued.

As a will executor or beneficiary, you may be wondering how long probate takes in California. The real answer is: It depends on a lot of factors. However, a general answer is 18 to 24 months.

If the estate cannot be closed within one year after issuance of Letters (or 18 months if the estate is required to file a federal estate tax return), the Personal Representative must file a verified report on the status of the estate.

Most Estates are open about a year since the various tasks of paying taxes, selling property, locating heirs, etc, often take that long. At the very least, one can expect six to nine months of time before the Estate can close and if there is litigation outstanding, the Estate can stay open for years.

Paying Debts and Taxes Illinois, for example, requires executors to allow six months. California requires a bit less, with four months.

Since every estate is different, the time it takes to settle the estate may also differ. Most times, an executor would take 8 to 12 months. But depending on the size and complexity of the estate, it may take up to 2 years or more to settle 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.

California statutory law requires a trustee to account annually to current trust beneficiaries, i.e., those who are currently entitled to receive distributions of income and principal during the accounting period. Any trustee, other than the settlor(s) who established the trust, has a duty to account.

An affidavit or declaration signed under penalty of perjury at least 40 days after the death can be used to collect the assets for the beneficiaries or heirs of the estate. No documents are required to be filed with the Superior Court if the small estates law (California Probate Code Sections 13100 to 13116) is used.

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Riverside California Sample Letter for Update to Estate Closure

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How do I close an estate in California?

How long does an estate stay in probate in California?

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How long can an estate stay open in California?

How long does an executor have to settle an estate in California?

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Does a small estate affidavit need to be filed with the court in California?

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