Go down to the probate court and ask. Most states put a time limit of a couple of years on estate settling. The court isn't interested in families dragging it out and fighting over who gets more from a sall estate. Ar some point the judge just settles it and that's the end of it. Like how it happened in my father's family. The only asset his mother had was a house. Some siblings thought they deserved more because they did minimal caregiving so the fight started. Lawyers had to be appointed by the probate court to make sure no one was trying anything. Then the court dates started. 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.
wprat30501: You had best pose your query to an elder law attorney. Though a moot point, my brother, who is in fact an attorney, put our mother's estate into a trust to avoid probate.
Ask a probate attorney as states may differ. 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 can be fairly quick, but in the legal world, 'quick' is more like annoying long. I would think 6 months at the least and as someone already stated--can be up to 7+ years.
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.
Other circumstances but my grandmothers estate took 15+ years to settle through probate. 5-6 months is much shorter than average even with everything going smoothly I think but especially with property to sell. You left your job to care for Mom, many people do this without any compensation or recognition in the will but your mom recognized your help with extra compensation so your fortunate. While it may depend on the state from my experience everyone who is ether named in the will or might have an interest (children) gets notification from the attorney or probate court of what is planned and is given the opportunity to challenge. A challenge means hiring a lawyer yourself and the estate paying for the attorney representing it so be clear as to wether or not it’s worth it but on the surface providing your mother has a will and was clear about her wishes you should get the cash she portioned out for your sacrifices and then you and your siblings might share equally on the balance of the estate. You have made yourself known to the probate attorney so they should keep you in the loop. Executor is not an easy job for a non attorney so do cut your sister some slack, even if she is miffed that you were left a bit more those were your mothers wishes and decisions, she really can’t blame you or legally alter that so I wouldn’t put more space in your relationship with your siblings by constantly questioning and being suspicious. Since you cared for your mom you could offer assistance with papers or information but don’t automatically assume something shady is going on just because it’s hard pill for them to swallow that she left you the extra cash, especially given that you relationships have always been strong.
My friend died in 2019. The original executor did a lot of work on her estate, but then he passed away suddenly. My friend's will had designated me as secondary executor. I had to sign documents agreeing to take on this task, and have them notarized. The 1st set of docs had my name misspelled. We got that straightened out, but I didn't hear back for the longest time. The lawyer had sent out waivers / consents to the interested parties to get their acceptance of my appointment. Meanwhile, some of the family members kept asking me for a progress report. I kept telling them I'm not yet the executor! Turns out one of the family members was herself the hold-up -- she hadn't signed & returned the consent papers. It was about 10 months between the time I first agreed to be executor and the time I was actually appointed executor. I was assured the estate work was 99% complete, but it turned out the 1st executor hadn't filed income taxes. We had to hire a CPA to prepare the returns. I mailed them in late August 2022. Since then it has been back-and-forth with the IRS, getting documentation to them that my friend did indeed pass away and I am indeed the executor, etc. The tax return for 2019 had a glitch and I am still waiting for a different government agency to provide me with a certain form so we can file an amended return. We can't close the estate until the IRS finishes up. I know my friend's family members are frustrated with the slow progress, but there's honestly nothing I can do to speed things up. I spent ALL of one day, from 9 to 5, on the phone with the IRS. I do try to keep the family updated on the progress (or lack thereof). It has now been more than 3 years since work began on this estate.
I agree with others that it takes longer than you think it should! And if there is tension between you and the executor (your sister?) you are probably not being kept informed of the progress. Sometimes the delays are inevitable and sometimes they are because the individuals involved (executor, attorney(s), staff) are dragging their feet or busy with other matters. My husband was executor of his mother's estate, so some things were in his control, but not everything. You probably won't be able to hurry things along, so maybe it's best to seek out other sources of income so you don't have to stress about it.
As a 3 x executor, it depends on how complex the financials are. One took 3 months. One took 6 months and another took 1,5 years. Finding certain paperwork is half 5he battle.
Probate can take as long as two or more years to settle, depending in each case, however long they may take. Patience is a virtue. Money is just a label that should not have a battle. You should have never left your job. How long will it be before you can retire from more employment? $150,000 does not support anyone anymore.
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!
Depends on the situation. In Florida it took over 5 years to settle Dad's estate. It was complicated, with lots of property that had liens and lawsuits - all of his making and left to me to clean up. There was a trust, also, that caused nothing but problems. My friend settled her husband's estate in another state in less than 6 months, but there was no property outside of their home and a truck, and it wasn't a trust. There are many stories out there, all of them different.
My Mom died in 2017 probate was opened over a month after her death. Her house was part of probate and took 2 yrs to sell. Could not close probate until the house sold.
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.
There may be a limit to the amount of time that an executor (in the case of a will) or a court appointed administrator (in the case of a person dying intestate (without a will) can take according to the state, and a visit to the court records offices to see the filed probate will or papers, which are public documents, may record that date, but I can tell you they are allowed a LONG time. Years in fact if the estate is at all complicated. 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.
wprat30501, welcome to the form. A lot depends on how much is involved [simple Will vs. large Estate] and how busy is the Probate Court in your area. Larger the city/county, more time it will take.
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.
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.