California probate can be an excruciating process. Not every asset goes through the probate process. However, that doesn’t necessarily mean the process is a quick one. In fact, there are several issues that can make the probate process longer. In this post, we’re going to discuss some of the most common issues that may affect the California probate process.
The Courts Are Busy
That might not really be something that seems like your problem, but it can affect how long the process takes. It could take two or three months after the executor reports the death to get the first court date. Generally, there are at least two court dates in the California probate process as well as a certain amount of time to do the work required by the court. Even a well-planned estate could take a year to close simply because of the court’s calendar.
Unknown Creditors
Regardless of whether you were appointed as the administrator by the court or named as the executor in the will, there could be creditors that you don’t know about. Creditors have a certain amount of time to file a claim against the estate for a debt owed to them. You may know about some of the creditors. Yet, there may be some that you don’t know about. There may also be creditors that file a claim against the estate that isn’t really owed. The California probate process may have to stay open for an entire year to ensure that all claims are properly filed.
Real Estate Must Be Sold
Many administrators or executors may decide to sell real estate to either fulfill the wishes of the decedent or to pay debts owed by the estate. Many choose to sell it during the probate process. During the California probate process, there are fewer disclosures that you must make as the seller than waiting until after probate is complete. Keep in mind, though, that it is important to know which disclosures must be made. One disclosure that must be made regardless of when the property is sold is any problem that you know exists on the property.
Dealing with a Dispute
There are various types of disputes that can arise during the California probate process. The most common disputes include who is or isn’t an heir, disputing the will, property ownership, creditors, and state or federal taxing authorities. The more disputes that arise, the longer the process will take.
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