Are there any timelines placed in probate law? 2 Answers as of January 10, 2012

The first questions are: is your name is the only one on the house or was your mother's name on the house as well? Why was you name placed on the title to your mothers house and when did that occur? If you are in California, if your mother was also on title and the value of you mother's portion of the house and her other property are more than $100,0000, or if your sister will not act, then you need to open a probate and probate the estate. Just because your sister was named in the will as executor, does not automatically make her the executor in the probate. She would have to be appointed by the court and the court would give the fact she was named by your mother as executor would give her preference if someone else wanted to be executor. If your name is the only one on the house, then, legally the house is yours and not part of the estate. However, there may be issues relative to your name being on your mother's house which may be the reason your sister is not talking to you as she sees the house going to you since your name is on the title. When parents put their children on title before they die thinking it avoids probate, it can create far many more problems than are solved by trying to avoid probate, including unforeseen tax consequences.

Yes, there are timelines for probate and as an heir and beneficiary you may request that your sister be removed from executorship if she is not carrying out her responsibilities. You should consult a probate attorney about your rights.