Timeline for California Probates
Most people learn about probate for the first time when a family member or close friend passes away, and they are named as the executor in the will and/or the successor trustee in a living trust, or find themselves facing a situation where either no will or living trust exists or it can't be found. If you find yourself in any of those situations, you should know that there are very detailed legal steps that must be taken for property, belongings, stocks, bonds, money, and all other assets to be passed on after death, and for the deceased person's debts to be paid. Each of those steps must be done in the time required by California law.
My office has extensive experience with probate and we can handle each of the probate steps for you. I will file the will with the proper court, attend all court hearings, and prepare or oversee all of the legal and accounting paperwork for you. I'll keep you advised on the progress of the probate; if there are any problems, I will explain them to you and advise you on the best way to handle them. Although my fees are a fixed percentage of the estate, and set by law, I'll work to save you money on taxes and probate expenses wherever possible.
Probate can be a complicated and time-consuming process. Below are the normal steps for all estates; your probate, however, may require additional or even different steps besides the ones listed here. I will be able to tell you what steps will be required in your situation once I have begun work on your probate.
| Time: | Step: |
| Within 30 days of the date of death | My office will file the will with the California Probate Court |
| Within 30 days of receiving notice of death | I will draft and file your Petition for Probate and file it with the proper California Probate Court |
| Within 30 days of filing Petition | Our office will arrange publication of your Probate Petition in a court approved newspaper |
| Promptly after letters issued | I will help you obtain a Tax Identification Number from the IRS and help you file your Notice of Fiduciary Relationship with the IRS |
| Within 4 months | I will prepare the estate’s Inventory & Appraisal of assets and forward it to the probate referee designated by the Probate court |
| Within the later of 4 months after letters issued or 60 days after notice | Our firm will give notice to all creditors to start the clock ticking on the estate’s creditors to file their Creditor’s Claims |
| Within 1 year or 18 months | File Status Report |
| By April 15 | Deceased person’s final tax return due |
| Within 9 months of date of death | File IRS Federal Estate Tax Return form 706 if Required |
| Within 31/2 months after tax year | Fiduciary Income Tax Return due IRS Form 1041 |
| Typically within a year of filing petition | Prepare and file estate accounting per California law Format detailing all assets, income & expenses of Estate administration |
The foregoing are just some of the tasks and filing deadlines applicable the most estates; your probate may be different and may require additional or even different steps. For that reason, you should not rely on the list above as legal advice, but only as general information. You should consult with an experienced probate attorney for advice on your particular probate.
My San Diego California law firm can help you with all of your probate administration needs. My tax background and certification by the State bar of California as a Certified Specialist in Taxation Law gives you added value as my firm can handle both your probate needs and critical federal tax, California tax and local San Diego property tax advice. Call (858) 793-7007 with any questions or for an appointment.
I help clients throughout all of California, including San Diego, Imperial County, Riverside, Los Angeles, and all other counties. You will receive personal, experienced, and understanding help directly from me. Every case in my office receives my personal attention, direction and supervision. You will speak to me directly about your case. I am the one who will return your telephone calls. My firm policy is to return every client telephone call the same day or at the latest the next day.
How to Contact R. Anthony Bauman, APLC
New clients are always welcome; and I make an effort to accommodate urgent matters. There is plenty of free parking and a convenient location just off the I-5 freeway at my Carmel Valley law firm offices, in San Diego, California. For more information or to make an appointment, please contact me either by:
Telephone: (858) 793-7007
E-mail: rbauman@sandiegotaxlaw.com
I can be reached by telephone Monday through Friday, 9:00 a.m. to 5:30 p.m. You may also use the
form below to contact me. This form is answered Monday through Friday during
the work day. Please remember that for me to become your attorney, we must first have a written attorney-client agreement signed by both of us, so please do not email any confidential information at this point. After I have reached an agreement with you, we can then exchange information freely. I look forward to helping you.
