What if the Executor Does Not Probate the Will?
What to do!
If you just lost a loved one and perhaps you are a beneficiary of their estate, you most likely have questions about what comes next. You cannot get your inheritance funds as an heir until the probate court has settled the estate, requiring you to undergo a probate procedure. Although this procedure may seem simple, probate is usually arduous, time-consuming, and prone to delays.
You’re not the only one shocked to learn the reality of probate. Many heirs are disappointed and demoralized to know how long it will take them to get their inheritance, and many questions if probate is essential. Regrettably, probate is a crucial legal procedure that, if skipped, can have serious consequences.
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WHAT IF THE EXECUTOR DOES NOT PROBATE THE WILL?
Obligations of an executor
Executors are subject to a variety of legal obligations. More than just acquiring the property’s ownership and distributing it to beneficiaries might be a part of the procedure. Instead, the following could be among the Executor’s responsibilities:
- Make a list of the estate’s possessions and resources.
- Inform the recipients of the passing.
- Notify the deceased’s creditors.
- During the probate process, take care of paying bills and investment accounts and pay estate taxes.
- If creditors make false claims, defend the estate.
- Defend the estate against any will challenges.
- Distribute the property and assets by the conditions of the Will.
- Finish the probate process with the court.
What Will Happen in case the Executor Doesn’t Probate the Will?
Note that probating the Will is distinct from merely filing a choice. Whether there’s an asset or estate, you must register with the state after the testator (original estate owner) passes away. The estate size determines how an executor must handle the Will. How you distribute the deceased’s personal property should be specified in the Will’s section on estate assets. The beneficiaries’ assets should be distributed appropriately among them.
According to California law, a will does not need to be probated if the testator’s total net worth at the point of death, that’s subject to probate, is less than $100,000. Due to the size of the estate, there is no need for a legal instrument, and the process for transferring assets to heirs and beneficiaries is straightforward.
The Executor should carry out the original signed Will’s probate within 30 days of the decedent’s passing, following the California Probate Code, should the estate needs to be probated. If the Executor does not comply, the legal heirs and beneficiaries of the property that would have profited from that Will may take legal action against them. As a result, the Executor is personally responsible for executing the Will.
Effects of failing to Probate a Will
Therefore, in response to the query, what are the CONSEQUENCES OF NOT PROBATING A WILL? The following is a list of possible outcomes:
* The heirs won’t be formally given the assets of the deceased.
* These assets could continue to cost the estate money in the form of insurance fees and estate taxes.
* Creditors may still collect the debts of the deceased.
* Anybody possessing a signed document, including the Executor, may be held accountable for any overage expenses involved by the heirs or estate.
Why Wouldn’t An Executor Probate A Will?
Typically, a will is not probated if the court finds it invalid, which is the most frequent reason. A lawsuit may result from an unlawful Will. The Will, in this instance, will be contested, and if the court approves it, probate will be given.
One can contest a Will for a variety of reasons, including but not restricted to the following:
* The deceased’s last Will was not the one that was submitted.
* Incorrectly carrying out the Will.
* Improper influence
* Fraudulent persuasion
* Lacking the ability to make a will
How to Respond When the Executor Refuses to Probate
Provide the Executor with a formal notice.
You might attempt to get in touch with the Executor personally before taking any legal proceedings or bringing a lawsuit. Send them a formal letter informing them that the Will needs to be probated immediately and requesting that they do so.
Make sure to be firm while remaining reasonable. Inform the law that they must carry out Will’s probate process for other beneficiaries and you to get your assets and proceed with the property and the estate.
Need an estate litigation attorney?
CAN SIBLINGS STEAL INHERITANCE?
Of course, this is the distribution of property and assets; greed is inevitable. In general, family members who steal estate assets are considered criminals. When you suspect theft or have proof they stole your assets from the estate, you may desire to file a case with an estate attorney and ask that your sibling be prosecuted.
In need of an estate attorney? Call Hess-Verdon & Associates today at 949-706-7300.
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JOIN HESS-VERDON CHARITABLE GIVING PROGRAM
ADDRESS
CALIFORNIA LAW FIRM
Copyright © 2022 Hess-Verdon, PLC. All rights reserved. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The verdicts and settlements listed on this site are intended to be representative of cases handled by Hess-Verdon & Associates, PLC. These listings are not a guarantee or prediction of the outcome of any other claims. The information contained on this website is not tax or legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own state’s laws or the most recent changes to the law. For current tax or legal advice, please consult with an accountant or an attorney.