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Finally the probate judge just settled the matter over a year later because it was ridiculous. After all the lawyers got paid and all the fees, the heirs then enjoyed an equal share of a few hundred dollars apiece.
This is what happens when siblings get stupid over small estates. The only people who come out with any inheritance are the lawyers.
Sorry to hear about your siblings.
Without having any legal knowledge about these things, I doubt that there is a 'limit' of how long. It might be how long and that could be an unknown.
It depends on the estate itself, the volume of assets and the lawyer themselves. They do get paid by the hour, you know.
Mother's completely uncomplicated will was finalized 5 months after her passing. There was nothing untoward or unusual about her will. She had practically nothing. Still, with YB acting as executor and working hard to get it done, it still took that long.
Dh did his father's and it was well over a year. Actually, it still isn't 'closed out' as he had 2 propertied in NM we can't sell and so they are sort just 'out there'. WE pay the taxes, DH's sibs don't ever help put, but wow, if that property was ever determined to be of any value, they'd be like wolves.
My estate is somewhat complicated. I have lived in my own condo for over 30 years that is free and clear of a mortgage since bought with my mother back then, except for a small promissory note from the State of Oregon for my late mother's care of 2013 to 14, not due and payable until at least 3 possible life events, my death for one. The other two are after the condo is sold, or if I am permanently moved out for 6 or more months, such as into a care facility. I cannot pay this note by myself to clear my late mother's history since it is too expensive for myself without family advice.
I have a chosen designated beneficiary and two alternates in my will for after I'm gone. I am childless, so beneficiaries are two existing family members and an organization if I run out of family by my demised time.
However, the condo has some construction problems with mold from rain leaks that may make it a problem to sell it during open probate. All conditions must be disclosed prior to presenting for sale.
I have also used MediCal (CA Medicaid) for health procedures during my unemployment period in 2014 to 15. That means two States of used Medicaid must be settled prior to closing my estate's probate before leftover funds may be released to survivors. Fortunately, my existing family supports me and will not contest for money.
The condo must sell to liquidate in order to pay my final expenses, incuding Medicaid paybacks in CA and OR's promissory lien. Hope there are no problems with CA and OR after I'm gone!
Took 4 months to do what really could have taken 2 weeks.
If your Mom had a Will and Probate has been open then the Will is on file. The Executor should have sent you a letter that Probate is now open and included a copy of the Will or said its available upon request. Thats if you are a beneficiary. I had to prove to probate this had been done. If on file, its public and you can request a copy.
If assets are to be shared, it all has to be liquidated. All debts and liens paid. Once everything is done an accting is done showing the Debits and Credits and coming down to a net total. All beneficiaries need to sign off. If someone contests, then that holds up closing Probate.
If Mom died without a Will then an Administrator has to be assigned. This person does the same thing the Executor does but...the State determines who inherits.
As I told someone who posted a similar question the other day, this is not TV where following the funeral everyone goes into the study and a lawyer reads the Will and everyone is told what they inherit. Its a lot more than that. You can't even open probate in my State till something like 9 or 10 days after a death. Even if everything is cut and dry, you cannot close probate for 8 months. You have to give creditors time to put in their claims.
So, I would first call the Probate court and see if the Will has been filed. The Executor has to follow the Will. Any money given to you from Mom should not be deducted from ur share. I so hope you have back up for that $150k. Mom saying in writing that she gave it to you because you gave up a job to care for her.
I assume you believe/know that you are a beneficiary of an estate and that you are not receiving any notifications of same or updates. You may want to see a Trust and Estate Attorney to act in your own behalf to check on this. Hire one who will work for you by the hour or will suggest one who will. And this only if you are expecting a large settlement, because this will not be inexpensive.
Wishing you good luck.
When my Dad had passed, it took the Probate Court two years to finalize because of the backlog of cases. I used Dad's Elder Law Attorney to help me, and who did the calling and legwork [yes, there was a fee for her work, to me well worth it].
When my Mom's parents had passed, it took almost 7 years to finish Probate but that had to do with lawsuits and changes in Attorneys amongst my grandparent's grown children. The estate taxes, 7 years of income taxes from monies gained in investments, and multi-attorney fees ate up a lot of the Trust.
According to your profile it has been just five months. That is nothing! Be patient.