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This depends on the state in which the decedent died, so those laws must be checked. Generally, an executor is under a duty to offer te will for probate and begin things as reasonably can be done. However; there is no set time within which it must be done. In other words there is no statute of limitations for probating a will. A beneficiary can force a tardy executor by getting a court order directing him/her to offer the will for probate or at least lodge the will with the court for someone else to offer it for probate. In this sense, in most cases the length of time a delay can be made is up to how long the beneficiaries allow it to go on.
Wiki User
∙ 15y ago
Wiki User
∙ 15y agoMy brother died intesate, a'friend' called on the day he died and told me he and my brother had made out a will years ago to secure a debt. no one has seen the will, when asked tohave it faxed to me never happened. I went to surrogates court and filed a petiton to administer my brother's estate, if I do all I'm supposed to can this 'friend' come in after it's all done and 'probate' this will/
Wiki User
∙ 14y agoProbate can be a long process. At a minimum it will take about 4 months. There are some estates that are still open after decades of work.
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What is the time limit to probate a will in Alabama?
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?
If a person leaves a house to someone in a will can the beneficiary move in right away or have to wait for the probate court to approve the will?
Not only does the beneficiary have to wait for the probate of the will, but will most likely have to wait until the executor is satisfied that the house does not need to be sold to pay any debts of the estate. Until administration of an estate is complete, the executor has the right to possession of all estate property, including the house. If the executor wants to, he/she can let the beneficiary in the house. But even there, the person appointed as executor has no power to allow that until the will has been probated. This is because that person has no power to act as an executor until the will is probated.
How can you get the money from your deceased mothers checking account?
The executor of the estate can close and empty the bank account. Distribution will be in accordance with the will. Consult a probate attorney in your state. You have to wait until the will goes through probate.
How can get copy of a deceased relative's will if the executor won't give one to you?
You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.You must wait and see if the Will is filed for probate. After it is filed with the court you can visit the court and obtain a copy. Once a Will has been filed for probate it becomes a public document.
I know i have to wait for Probate before i transfer the house to my name but do i need to wait for Probate before i can move into my deceased Parents House?
Since laws in different states are different, I would suggest you check with the executor or executrix of your parent's will. Failing that, you should check with a lawyer who is familiar with the inheritance laws in your state (and the state your parent lived in if different from yours).
Should the adult child of a decease parent continue to pay the mortgage while the will is in probate or does he need to wait until executor of the estate has been legally declared?
You should seek the advice of the attorney who is handling the estate.
How long does a beneficery have to wait to receive their benefits from a will?
Generally the beneficiary must wait until the statutory period for filing claims by a creditor has passed and the expenses of probate have been paid. The period for filing claims varies from state to state. You should feel free to ask the executor for periodic updates regarding the probate process. You can also visit the court and ask to review the file. That way you can see for yourself if the case is proceeding with expediency.
How much time do dogs have to wait to have puppies?
You have to wait 6 mounthes.
Can an executor place a house for rent that is still in probate?
This question has two potential answers depending upon whether the executor is the one renting the property or the beneficiary designated to receive it under the will is renting the property. If you mean rented by the executor, it may be at any time as soon as the will is probated and an executor is appointed to act. (Or an administrator if there is no will.) Most states have a statute taken from the Uniform Probate Code that gives the executor possession and control over every asset of the estate during administration of the estate even to the exclusion of beneficiarires who are designated to receive the property. During administration only the executor may rent it out, but the executor retains the discretion to decide if renting it is beneficial to the estate. Thus, even though an executor has the power to rent it out, he or she does not have to do so and cannot be forced to do do by a beneficiary unless a court orders it. If you mean rented by the ultimate beneficiary, the beneficiary cannot rent it out until the executor formally transfers the property from the estate to the beneficiary even if the will explicitly gives the house to that beneficiary. Once it is transferred, it is no longer part of the estate and the executor has no legal right to possession or control, therefore no right to rent it out or refuse to rent it out. The transfer to the beneficiary might have to wait until final settlement of the estate just to make sure that it does not have to be sold to pay for debts or expenses. On the other hand, if an executor is reasonably certain that it is not needed for that, the executor may in his discretion transfer the property before finalizing the estate. I believe it is best to transfer the house as quickly as possible during administration as long as it is clear that there are sufficient liquid assets to pay for everything. That way the executor is no longer responsible for the safety of the asset and he or she has a happy beneficiary.
Can the executor of the will read it?
only in the movies is there a "reading of the will" when all the family gathers. in reality, depending on the state decedent died in, the original will is deposited with court. If the estate is over $100,000 in California, a Probate Petition is filed and a court process proceeds. Regardless of all the legal stuff...if you are a beneficiary, or heir-at-law, ask the executor for a copy of the will.
How can executor of an estate buy out other family members on real estate?
First, the estate must be probated and the executor must be appointed by the court. Then there are different ways the executor can purchase the real estate. They could petition the court for a license to sell the real estate with the executor as the purchaser after a fair market offer has been accepted by the beneficiaries. The executor would need to obtain the assents of all the other beneficiaries to the petition. The court would likely allow such a transfer. Another method would be for the executor could wait until the probate procedure has been completed and then purchase the property from the beneficiaries who inherited it and are now the legal title holders. Either way, the executor should consult with the attorney who is handling the estate to make certain the transfer is done properly and title is passed legally.
How much to charge for expenses as executor?
While I am not sure what you mean by "cost to become an executor of the estate," you might find this information useful on the cost to open an estate. To be appointed as executor or administrator of the estate (executors serve is there is a will, administrators serve if there is no will or no named executor,) you normally need to be appointed by the probate court. The exact procedure depends on the state where the estate is probated. This means that you will need to pay a filing fee and might need to post bond (this provides insurance if you skip out with estate funds.) In California the filing fee runs $435.00. You will probably also need to publish notice in a newspaper, this varies depending on the paper where you publish. In my geographical practice area, the publication runs $100 - $200. And of course, there is the attorney to assist you and represent you in court. Again, how and how much the attorney gets paid depends on the laws of your state. Here in California, my fee for ordinary services are set by statute (law.) I only get paid after the probate court approves my fee, generally at the end of administration. And, since you are not the executor yet, you cannot use the estate's funds to start the process. Most attorney's require an advance of costs (filing and publication fees) to get started. OK, so now the good news. In California at least, any funds you spend on opening the probate is considered a "cost of administration." This means that the estate will pay you back before any other creditors. You will need to wait till the estate closes, but you will get the funds back (no interest though.)
