Estate Distribution Timeline

Summary

In California, without probate, asset distribution to beneficiaries typically takes 4-6 weeks once debts and taxes are settled. Banks may release funds to a successor or executor with a death certificate and possibly a Small Estate Affidavit. If a will exists, the executor must file it with the probate court, notify heirs and creditors, pay debts and taxes, and distribute assets as directed. For estates under $166,250, a simplified process using a Small Estate Affidavit can avoid probate, effective 40 days after death. This is general information and your situation may differ.

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If NO probate, how long does it take for the lawyer/executor to release funds to beneficiaries?
Hello ****,
In California, without probate, it could take around * to * weeks to distribute assets to beneficiaries, once all debts and taxes have been paid. However, this can vary based on the complexity of the estate and other factors. Keep in mind, this is general information and your situation may differ.
If NO probate, can list beneficiaries to the bank and get their funds with a death certificate?
In California, if an account holder dies without a will (or "intestate"), the following rules apply:
- Banks may release funds to a successor in interest or an executor/administrator of the estate.
- A death certificate is typically required.
- Other documents may be required, like a Small Estate Affidavit.
Remember, this is general information and your situation may differ.
Example with a will?
If a will exists in California, the executor named in the will typically takes these steps:
- Files the will with the local probate court
- Notifies heirs and creditors
- Pays any debts and taxes
- Distributes the remaining assets as the will directs
Again, this is general information and your situation may differ.
If under $*,* and no probate but a will with beneficiaries listed?
In California, if an estate is valued under $*,* (not $*,*), probate can be avoided with a simplified process:
- A document called a 'Small Estate Affidavit' is used.
- It becomes effective 40 days after death.
- A will should still be honored in this process.
This is general information and your case may vary.