If your loved one who resided in San Diego has passed away with a will or no estate plan, there will have to be a probate proceeding in the Superior Court. Probate can be a lengthy and complicated process with deadlines that have to be followed. Most people want to know “how long is this going to take?” Every probate is different. There are no simple answers to that question. The time depends on what assets are in the estate, how easily they can be liquidated, whether you own property in other states, and other issues.
The following guideline gives you a basic idea as to what has to be done and when it is usually accomplished, assuming you contact us at Law Office of Scott C. Soady, A Professional Corporation or another experienced probate lawyer soon after the death.
Filing the will with the Superior Court – Within 30 days of death
File a Petition for Probate; Publication of Notice in local newspaper – Within 1 – 2 months
Hearing on Petition; Appointment of Executor or Administrator; Bond issued if necessary – 2 – 3 months
Notice to Creditors – Within 2 – 4 months
Inventory of Assets; Appraisal of all assets; Obtain a tax ID number, Pay bills – Within 4 – 8 months, depending on number and type of assets
Filing of an Estate Tax Return if required – Within 9 months of death
Filing of Federal/State Tax Returns – Within 6 – 12 months
Filing of an Accounting if necessary; File Petition for Final Distribution and Distribute Assets – Within 8 – 18 months
The above timeline is a general one. These are most of the steps which will occur but there may be other steps in your situation. Your probate may be longer or shorter depending on your loved one’s estate and the court’s calendar. Litigation could also cause delays. If we can help with probate in your situation, contact us to schedule a complimentary appointment.