Depending on your state, there may or may not be a time limit for administering the estate. Generally speaking, the executor can take as long as they need to handle the estate. However, if the beneficiaries feel that the executor is taking an excessive amount of time, they can apply to the court for resolution of the matter.
The probate process.
After a person dies with a will and the estate is probated how long does the executor have to wait until assets are distributed to the beneficiaries?
The executor IS the owner of the property, for the purpose of probate.
No, retirement benefits typically do not go through probate. The beneficiaries have to be named on the benefits.
They may pay their fees on a regular basis. The costs must be reasonable and adhere to the probate law of the jurisdiction.
No. That is generally determined by state law in the probate code.
To properly conduct probate, all natural heirs are notified. Beneficiaries named in the will are also notified.
No. As in all states, life insurance proceeds avoid probate and flow directly to named beneficiaries.
Probate is the legal process by which a person's final debts are settled and legal title to property is formally passed from the deceased to his or her beneficiaries and heirs. There are many arguments for and against probate and its value in an estate plan.
No. Wills are rarely "read" to beneficiaries like you see in the movies. Most states require beneficiaries to be given notice of the probate of the will by certified mailing of a copy of the will.
Certainly, as long as the court accepts the disposition of the property and the settlement of debts. Consult a probate attorney in the state in question.
No, not unless directed to by a Court to do so.A person has a right to name -- and to exclude -- who will be beneficiaries. If I have 4 daughters, but only choose two for this role, then that is my stated wishes. The other 2 daughters have to respect what I wanted.No. An IRA with named beneficiaries does not come under the authority of the executor of the estate because it is not a probate asset. The trustee of the account will pay it directly to the named beneficiaries. That is the purpose of naming beneficiaries.