California courts remain beleaguered by budgetary constraints. The courts lack the resources to process the large volume of trust and estate related matters. Even uncontested matters are being filed at rates exponentially higher than just a few years ago.

Courts in the Bay Area are setting the initial hearing on trust-related petitions, including uncontested administrative petitions such as Heggstad petitions, several months from the date of filing. Some courts are setting the initial hearing out as far as 10 months from the date of filing. These delays frustrate the expedient administration of trusts and estate. They can result in serious financial hardship on beneficiaries in need of distributions, adverse tax consequences if distributions cannot be timely made, and disruption in the ability of elderly beneficiaries to organize their affairs.

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