What are the time limits for filing a claim for an intestate estate?
In California, the deadline for filing a claim for an intestate estate (estate without a valid will) is typically four months from the date of death. This time limit is set by California Probate Code Section 9000. During this four-month period, interested parties can file a claim to have their legal rights recognized in the administering of the estate. If a claim is not timely filed, the executor of the estate is no longer obligated to consider it. An exception may be made by the probate court in limited circumstances, such as when assets are not discovered until after the four-month deadline. In addition to the time limit, any claim must also be made within two years of the decedent’s death. This two-year limit is set by California Probate Code Section 9102. This time limit serves to protect the executor of the estate and other interested parties from having to wait too long for their rightful share of the estate. Ultimately, it is important to remember that any claim to an intestate estate must be made within four months of the date of death and within two years of the date of death. Failure to meet these time requirements may result in losing your right to receive a share of the estate. It is essential to research applicable laws in your jurisdiction to ensure those deadlines are met.
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