Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

Did not lodge/File Will to the courts within the 30 day Period, Will there be any issues?

Wills And Estates 8 views 4 answers
My Mom passed and she didn't leave any assets, just some personal items totaling about $2000 (No real estate, stocks, jewelry etc.) so there is no need for probate. She left a will leaving all her items to her 3 siblings including myself the executor of the will. I wrongfully thought that you only need to Lodge/File the will to the courts if there will be Probate so I'm passed the deadline about 15 days. There is no dispute on the will or anything like that, it would be just for filing purposes, Would there be any issues to file it late.

Attorney Answers

4
Celia Reed ·
No, just file it as soon as possible.
0 upvotes
Gary Dupler ·
Generally, laws such as California Probate Code 8200 are meant for the custodian of a will to surrender the document and file it with the probate court instead of holding onto the document for whatever reason. If there are no disputes with the will as you state, there should be no issues with filing slightly late. With the property you mention, you are probably looking at a small estate affidavit or something similar. Refer to one of the excellent contributors on this forum who practice in California for specific information.
0 upvotes
Joseph Pippen ·
No-just file as soon as possible.
0 upvotes
Charles Shultz ·
You should be fine. The issue is if your actions caused harm or damage and can go to your right to serve as personal representative should probate be necessary. Under your facts, you should be fine. Just lodge the original downtown if your mom died in LA County.
0 upvotes

People Also Asked

Is a will written in one state valid in another state if a person changes his resident?… 2 answers Father is in a coma, how can I get power of attorney (POA) to handle his financial affairs… 1 answers What are Texas probate laws… 2 answers Can the named personal representative of my father's estate cash two small checks that wer… 1 answers Under NY probate laws what will happen to a deceased persons bank account that died withou… 2 answers Annuities with death clause part of the estate?… 3 answers

Browse by Practice Area

Litigation 203,510 attorneys Real Estate 156,159 attorneys Personal Injury 149,024 attorneys Criminal Defense 99,634 attorneys Family Law 95,894 attorneys General Practice 90,854 attorneys Business Law 84,818 attorneys Business 82,448 attorneys Criminal Law 72,552 attorneys Intellectual Property 61,381 attorneys

Browse by State

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii