Life’s journey has many chapters, and sadly, the final one is inevitable for everyone. Losing a family member is never easy, and the days following their passing can be overwhelming. It’s natural to hope that everything will settle itself out, but some matters, especially legal ones like probate, often need attention. Understanding these processes can help during this difficult time.
Who can initiate probate?
Several individuals may have the right to initiate probate in California:
- Executor: If there is a will, the executor has the primary right and responsibility to file for probate.
- Beneficiaries: If the named executor is unavailable or unwilling, any person named in the will to receive assets can petition for probate.
- Heirs: If there’s no will (intestate succession), the deceased’s legal heirs can initiate probate. In California, this typically starts with the surviving spouse, then children, parents, siblings and more distant relatives, though the exact order can vary based on family circumstances.
- Creditors: In some cases, creditors of the estate may petition for probate to seek payment of debts.
- Public administrator: If no one else is willing or able to act, the county’s public administrator may petition to open probate.
If there is a will, it must be on the initial petition to the probate court. If there’s no will, any of the people mentioned above can file the petition to initiate probate. Since you’re in Placer County, you would file the petition with the Placer County Superior Court, Probate Division. This court handles probate matters for residents who lived in Placer County at the time of their death.
When can they initiate the probate process?
In California, you can start the probate process immediately after a person’s death. There’s no waiting period, so you can begin right away or take some time to grieve first. However, it’s important to act within a reasonable timeframe, ideally within three years of the death.
Once the three-year statute of limitations expires, the ability to probate the estate through normal means may lapse, making it harder to distribute the deceased’s assets. In extreme cases, if no legal heirs are found or no one claims the property, the state may take ownership of the assets.
While there’s no need to rush, addressing these legal matters in a timely manner can help prevent complications and even provide closure for all involved parties.