How long does the probate process take?
Probate is the process of validating a the will of a decedent and ensuring that the estate is distributed in accordance with the deceased’s wishes or state law. The probate process is also employed to settle the estate of the decedent if the will is lost or if there was no will left at all. In fact, probate oversees the whole process relating to the disbursement of the estate after someone dies. This includes ensuring that beneficiaries receive what they are due (in accordance to the will, or if there is no will in accordance with state law), that all outstanding debts are settled, including taxes, from the estate left by the deceased, that the will is valid and not forged written under influence, and that any will contests are dealt with.
Because there is often so much involved when it comes to probate, it can be difficult to put any sort of timeframe on the whole process. In general, you could be looking at around seven months in total. However, the whole process grinds to a resounding halt if someone contests the will, and probate can then take – well, as long as it takes. There is no set time limit, as it will depend upon the situation surrounding the contest. However, in most cases a will contest will greatly increase the time it takes to see the probate process through to the end.
There are many other factors that affect the timescale of the probate process. For example, all creditors to whom the decedent owed money are given a set timescale to file claims against the estate, and this timescale can run into several months. So, until that deadline has come and gone, nothing can be done, as it is possible that last minute claims from creditors might come in.
Dealing with who executes the will can also affect the time taken for probate to go through. If the named executor is happy to take in the execution of the will and everything runs smoothly, then there shouldn’t be a problem. However, the named executor may feel uncomfortable about taking on this mammoth task and therefore the courts may need to find and appoint another executor, which can take time. Similarly, the executor of the will may think that he or she can handle the task, but then realize a few weeks down the road that it is far more involved than they thought. If that person decides that he or she no longer wishes to execute the will, then they are perfectly entitled to pass the duty on to someone else. Again, it will take time to find a replacement and also for the first executor to update the new person as to what has been done so far.
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2008-04-07 12:21:18
Probate is the legal process of settling a deceased person's estate, which includes paying creditors or debts, and distributing the assets of the deceased to the correct beneficiaries. It is a complic ... [read more]