What are the time limits for filing a will for probate?

In California, the time limit for filing a will for probate depends on the type of probate involved. In a formal probate, the will must be filed within four years after a person’s death to be effective. If a simplified probate is being used, the will must be filed within two years of the decedent’s death. If the will is not filed within these time frames, it is considered to be “abandoned” and any property devised in the will will be distributed according to California’s laws of intestacy. Intestacy laws are laws that determine how property is distributed when a person dies without a will. In California, if an individual dies without a will, their property will be distributed according to the California statutes that govern intestate succession. Similarly, if the will is not filed within the time limits, it may not be accepted by the probate court and the estate may not be administered in accordance with the terms of the will. In the event that probate proceedings are not initiated within the specified time frame, any beneficiaries or creditors of the estate may ask the court to set a deadline for filing the will. In any case, it is best to file the will for probate as soon as possible after the death of the testator. This is to ensure that the estate is properly administered, and that the decedent’s wishes are carried out in accordance with their will.

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