If you’re accustomed to setting timelines in your life, when it comes to serving in the executor role, you’ll likely find it difficult because settling an estate can be impacted by many things far beyond your control.
The probate process is discussed in executor.com’s “How Quickly Do I Need to Settle an Estate?”
The answer to how long it takes to settle an estate when you are serving as an executor is, well, it depends. The process can typically take about a year, but there are several factors to think about.
When a will is filed with the court, it starts the process called probate. The probate court oversees the executor’s actions as he or she completes every step of closing the decedent’s estate. There are many things the probate court does, including making sure that the assets are properly distributed to beneficiaries. Of course, you have no control over the pace of the court. This includes such things as when your file will be reviewed, when hearings will take place and so on. That’s all up to the judge and his or her staff.
As executor, you’ll need to get letters testamentary from the probate court before you can do anything with estate assets, such as bank accounts, autos, property, and investment accounts. You have to wait for the court’s approval to proceed. On the other hand, the probate court may set deadlines for the executor to accomplish specific tasks, like the distribution of the estate assets after an accounting of those assets has been completed.
Larger estates obviously take more time to settle than smaller ones. As the asset types become more complex, the time required to spend settling the estate can increase dramatically. For example, if the deceased had ownership interests in a small business, extensive property holdings, or complex investments, it may take longer to organize these, so the beneficiaries receive their distributions as outlined in the will.
Another factor impacting the time to settle an estate has to do with whether or not the person died without a will. If that happens, it can take longer because the probate court has to appoint an estate administrator and more closely monitor the estate.
Some people are great about keeping records in their lifetime. This can really help to expedite the work of an executor.
Beneficiaries and surviving family members who are set to inherit, can delay things for several reasons. Some may be grieving and unable to provide required paperwork and information. Others may dispute the will, and some beneficiaries may be hard to locate. Keeping beneficiaries updated about the process and understanding that there will likely be obstacles can be useful, when it comes to both dealing with and avoiding beneficiary-related issues.
Patience, flexibility, and understanding will be vital to you when working through this challenging, complex process.
One of the main goals of our law practice is to help families like yours plan for the safe, successful transfer of wealth to the next generation. Call our office today to schedule a time for us to sit down and talk about your estate plan, where we can identify the best strategies for you and your family to ensure your legacy of love and financial security. Our office is located in Santa Ana, CA but we serve all of California including Irvine, Orange, Tustin, Newport Beach, and Anaheim.
Reference: executor.com (November 1, 2017) “How Quickly Do I Need to Settle an Estate?”