If you are an executor, personal representative, or relative of someone who dies, you may wonder how long it will take to distribute the estate. In truth, it depends greatly from estate to estate. The probate process or the estate distribution process (if no probate is required) can take as little as six to nine months, or more than a year.
Why Does Probate Take So Long?
There are many steps to take during a probate proceeding. The deceased person’s estate will need to go through probate if it has more than a certain value or contains certain types of property. During probate, the executor or a relative files a petition with the court. Then the court will appoint the official executor (not necessarily the person named in the will) or a personal representative if no executor is named, or if there is no will. This event could take weeks after the petition is first filed, depending on the court’s calendar and backlog of cases.
Next, the executor must give legal notices to creditors and other interested parties. The court needs to review and validate the will or find that there is no valid will. Then the executor must locate all estate assets. In some cases – especially if there are international assets or if passwords cannot be found – this can take months. The executor has to complete an inventory and get valuations of some assets. Further, creditors have the chance to make claims against the estate. Finally, the executor pays off creditors and gives the remaining money to the heirs.
All these steps can take much longer if a relative disputes the will or raises another legal issue in court. Further, the process can take longer due to court scheduling (as mentioned above) and delays in selling off assets if needed to pay debts.
Why Does Estate Distribution Outside Probate Take a Long Time?
When the estate distribution does not have to go through probate court, it can wrap up more quickly in some cases. However, delays can still affect the timeframe. These delays may stem from trouble locating assets, getting access to bank accounts and a safe deposit box, or completing necessary paperwork. Again, international assets or international heirs complicate matters too.
If you need help distributing your relative’s estate or dealing with probate court, a lawyer is the way to go. Not only are experienced lawyers familiar with the probate and estate distribution process, they take the burden off your back. The process may go more smoothly and even more quickly.
In charge of distributing a relative’s estate? Look to Janet Brewer, Esq. for thorough and thoughtful probate and estate distribution advice. Janet’s more than 20 years of legal experience will give you confidence and peace of mind. To schedule a “Get Acquainted” meeting, visit Janet's website or call her office at (650) 469-8206.
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