It is common knowledge that the probate process sometimes takes several years to complete. In order to close the probate process, the executor of the estate must request a release of their duties from the court. However, what happens if the executor never requests a release from their duties, and chooses to do so several years later?

Often, an executor of an estate fails to ask the court to relieve them of their duties in a timely manner, and decide they want to do so several years later. If there are little to no assets left in the estate, this may be an easier process. However, if there is debate and concern about dividing assets amongst beneficiaries, it will likely be a far more complex process.

Once an executor of an estate files a petition to be relieved of their duties, formally known as the gospel according to Probate Code Section 12251, they will be assigned a court date. As the executor of the estate, you are required to inform all people involved. At the hearing date, the court will determine whether or not the executor can be discharged of their responsibilities.

Being relieved of your obligations as an executor will typically be a smooth process. That is of course unless there is reason for the court to believe that you did not properly handle the assets within the estate. If assets dwindled due to your negligence, you may be required to prove to the court that you were not at fault.

Contact Gaudy Law today for all of your legal needs. We understand that the probate process can be a confusing and complex one, and that is why we are here to guide you through the entire process. We are always available to guide you through wills, trusts, probates, and estate planning.

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