“My brother is taking too long to close my dad’s probate….” I hear statements like this a lot. Many times they are correct but many times they are not. The purpose of this post today is to give you 10 things to look for which need to be done for the probate to be closed. I am aiming this post at you as a beneficiary of a probate rather than the Executor. However, if you are wondering what your attorney should be doing then these factors may help you as well in administering a California probate case.
TEN requirements to close a California Probate:
10. At least 4 months have elapsed since the date letters were issued by the Court;
9. At least 60 days have elapsed since the last notice to creditors was sent;
8. At least 90 days have elapsed since notice to the Department of Health Care Services (aka: Medi-Cal) was put on notice of the probate;
7. At least 90 days have elapsed since the California Franchise Tax Board (FTB) was put on notice of the estate administration;
6. All heirs at law have been determined if there is an heirship dispute;
5. All assets have been marshaled and inventoried with the Court;
4. All assets have been sold if required;
3. All taxes have been paid;
2. All creditors have been paid;
1. There are no known, or expected, disputes which may arise.
Yes, there are more but these are ten KEY factors or requirements to look for before a California probate estate can be sold.