If my grandfather’s estate is about to settle but none of my siblings or I have heard from my brother in over 30 years so his portion is going to be sent to me to handle, what am I obligated to do?

Do I have to hold on to it for a certain amount of time?

Asked on August 28, 2015 under Estate Planning, California


M.H., Member, California Bar / M.H., Member, California Bar

Answered 5 years ago | Contributor

You, as the personal representative of your grandfather's estate, must make the distributions in accordance with the probate court order.  The people receiving the distributions must sign a receipt acknowledging receipt of distribution and this document must be filed with the court.
Since you cannot locate your brother for his distribution, Cal Probate Code Section 11850 states that the personal reprsentative may deposit the property with the county treasurer of the county where the probate proceedings are pending in the name of the distributee your borther.  This will allow you to be discharged as personal representative and the county treasurer will hold the money for your brother.   

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