What Happens if You Don’t File a Probate in California?

In California, probate is a legal process that happens after someone passes away. This crucial process ensures the proper management and distribution of a deceased’s estate. But what happens if probate is not filed when it is required? If probate is not filed when it is necessary, it can result in significant legal and financial complications. In this article, we discuss the consequences of failing to file for probate in California when it is required.

Understanding the Probate Process

Probate involves validating the decedent’s will (if one exists). If the deceased left behind a will, the probate court will validate it to ensure it was created according to legal standards. After the will is authenticated, the court officially appoints an executor as the personal representative. If there is no will or the will does not name an executor, the court will appoint an administrator to serve as the personal representative. Several other steps follow after the appointment of a personal representative, including;

• Gathering and inventorying estate assets
• Appraising assets
• Paying debts and taxes
• Distributing remaining assets

Consequences of Not Filing Probate When Required

Failing to file for probate when it is legally required can create many problems for several parties, including executors, family members, and heirs. The following are some of the potential consequences of not filing probate in California when it is legally required;

Estate Assets Are Frozen

If probate is not initiated, there is no legal authority to access or transfer the deceased person’s assets, such as bank accounts, real estate, and investment accounts. If probate is not filed, these assets remain frozen and inaccessible to intended heirs. This can lead to complications, including unpaid bills, lapsed insurance policies, and possible foreclosure on property. Also, valuable assets may deteriorate or lose value over time.

Growing Debts and Penalties

If probate is not initiated, creditors may take action against the estate. Interests and penalties on outstanding debts can continue accumulating. This can lead to a reduction in the assets available for division.

Loss of Executor Rights

Under California Probate Code section 8001, the executor has to file a probate petition 30 days after the decedent’s death and after finding out they are the named executor. Failure to meet this deadline could result in losing the right to be appointed executor.

Estate Taxes and Liens

Estate taxes or liens are usually addressed during the probate process. Not filing for probate can cause the estate to face unresolved tax issues, resulting in additional financial liability for heirs. Additionally, the estate may face claims or liens from creditors.

Fraud or Misuse of Assets

If probate is not initiated, there is a risk that someone might waste, steal, or improperly claim estate assets. Probate is usually a court-supervised process, thus preventing or reducing the risk of fraud or misuse of estate assets.

When Is Probate Not Required in California?

In California, not all estates require formal probate. Under California law, estates below a certain threshold can avoid formal probate, and instead, estate assets can be legally transferred using an affidavit. To determine if probate is necessary, it is best to speak to a qualified probate attorney who understands the specific requirements under California Probate law. Legal guidance can ensure compliance and help avoid unnecessary mistakes that could have adverse consequences.

Contact the Probate Guy

If you have questions or need legal help, contact the dedicated California probate attorney, Robert L. Cohen – the Probate Guy – to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=8001.&highlight=true&keyword=30%20days