Will your probate case be effectively completed

If you have started a probate case in Los Angeles, you may wonder if it will ever be completed!   The probate procedures in the Los Angeles probate court are not much different than in any other court.  However, the Los Angeles probate court system is overwhelmed with the number of cases it handles.

Some statistics about Los Angeles Probate:

The probate court in LA County handles nearly 16,000 new filings each year.  That is a combination of probate, trust, conservatorship and guardianship cases together.   That number does not include the number of cases that are on calendar, but which were filed in previous years.   These are the following departments which handle probate in our county: 2D, 3, 4, 5, 9, 11, 29, 67, 79, and 99.  Each department on average can handle about 300 cases on calendar in a given day.   That is not enough to handle all cases from Los Angeles county which has approximately 10,000,000 residents.

You must have patience when you start a probate in Los Angeles

There are delays in getting probate orders and letters issued.  At times, it takes from 3-4 weeks after a case is granted to receive a probate order.   More complex orders submitted to the court on papers can take 4-8 weeks.    While the probate attorneys in the Los Angeles court do their best to process our orders, the shear number of cases creates undue delays.

What about the other deadlines in probate?

First, you must submit the will for safekeeping.  Generally, an executor has 30 days from the date he discovered the will to submit the same to the court.   Your delay can work against you, if you are named an executor.   The sooner you submit a case to probate, the sooner you can have results.

There are also deadlines for inventories.   An inventory must be done and appraisals must be completed by a probate referee and by the personal representative.  The probate referee has 60 days from the date the appraisal was submitted to him to complete his or her part.

Notices to creditors must also be given within 30 days of discovering each creditor.  Different types of creditors may or may not have to file a claim, depending on the nature of the claim.  Disputes over ownership, or 850 actions regarding title are not considered claims.  Claims generally deal with torts, contracts and other matters.

The accounting deadline is generally one year from the date of appointment, unless the court sets another date for the accounting.

To have an effective probate in Los Angeles, call attorney Mina Sirkin for a free consultation at 818.340.4479 or email Info@SirkinLaw.com for an appointment.