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Post-probate procedures in California

On Behalf of | Jul 30, 2023 | Probate Litigation |

Estate administration can be a lengthy and sometimes frustrating process in California. Successfully closing it is often the most satisfying part of the process. You should anticipate the following actions.

Closing probate

When the court closes probate, the executor has done all that the law requires of them and is officially off the hook for their responsibilities. For this to happen, they must have presented a final accounting of all assets, income and liabilities to the court, and the heirs or beneficiaries agree with everything.

After closure

After the judge closes the estate, creditors and beneficiaries will have a window of time, usually 120 days, to dispute the executor’s accounts. If they don’t do so within that time, the court will consider those accounts valid and binding.

The grounds for filing a complaint include:

  • The executor misused or mishandled estate assets.
  • The executor failed to properly disclose income or expenses.
  • The heirs or beneficiaries were not adequately consulted or informed about estate matters.
  • The executor neglected to pay creditors and taxes in a timely manner.

Distributions of assets

The final step after closure is the distribution of assets to heirs or beneficiaries. The executor will follow the deceased wishes in all their estate planning documents. Depending on the size of the estate, this process may take some time, but not exceeding twelve months, according to California laws.

If the state, beneficiaries or the executor discover unaccounted assets after probate closure, the court may reopen the estate or allow the previous administrator to transfer them. Creditors may also make a new claim for payment; however, they are not allowed to collect more than the amount originally approved.

Closing probate in California signifies the end of a meticulous, legally binding process. It marks the conclusion of the executor’s duties, the validation of estate claims, and the initiation of asset distribution. However, even after probate closure, continuous vigilance is essential. Unaccounted assets may resurface, potential tax liabilities can arise, and beneficiaries or creditors might raise disputes. Understanding the complexities of this process can equip individuals involved in estate matters with the knowledge to navigate post-probate scenarios with confidence and diligence.