How long after filing paperwork can an estate case take? 22 Answers as of March 08, 2013

After filing paperwork, how long until your first hearing?

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Edward L. Armstrong, P.C. | Edward L. Armstrong
An estate generally must remain open a little more than six months (the time limit for filing claims against the estate) - this is the minimum. Large estates could remain open much longer.
Answer Applies to: Missouri
Replied: 3/8/2013
Hamblin Law Office | Sally Hamblin
You would have a hearing if any interested party contests to something. It also depends if it is a supervised or non supervised estate. If non supervised, most work is much document preparation.
Answer Applies to: Michigan
Replied: 3/8/2013
DOUGLAS A. TULL, P.C.
DOUGLAS A. TULL, P.C. | Douglas A. Tull
It depends on a number of factors so no way to answer.
Answer Applies to: Michigan
Replied: 3/8/2013
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Depending on facts and circumstances, 6 months - 5 years. One year is typical. 1st hearing should be about 1 month after filing.
Answer Applies to: California
Replied: 3/7/2013
Huddleston Law Group, LPA | C L Huddleston
There is no set time period. Most estates are kept open at least 6 months to allow for filing of creditor claims. It takes time to get date-of-death valuations statements from banks, insurance companies and securities firms. Sometimes real estate or business appraisals are required. Often the estate needs a federal "Taxpayer Identification Number" in order to open an estate checking account. Estate administration can have many moving parts and require much more effort than folks realize. There may or may not ever be a hearing. If families are in agreement about things, all next of kin and persons named in a Will are usually asked to sign waivers that eliminate the need for a formal hearing. If those are not signed, you may well be looking at a year or longer, because courts usually schedule hearings every few months. Without knowing all the details of the estate assets and debts there is no way to accurately answer your question, but I hope this helps.
Answer Applies to: Ohio
Replied: 3/6/2013
    O'Keefe Legal Services, L.L.C.
    O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
    What do you mean by "estate case". If you mean filing a petition to administer an estate, then, in Maryland, it can take as little as a few minutes for the Register of Wills to grant the Letters of Administration authorizing a personal representative to serve. There may never be a hearing when administering an estate. If you mean filing a petition to contest an estate or matters related to an estate, then you may receive a response from the court for a show cause or other hearing date within a week or several weeks. You may want to contact the court or office with witch you are filing paperwork to request details on a hearing date.
    Answer Applies to: Maryland
    Replied: 3/6/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    In Oregon, there is often no hearing. It is all handled by mail. A typical decedent probate estate takes 6 to 9 months.
    Answer Applies to: Oregon
    Replied: 3/6/2013
    Dennis E. Valentine Law Firm
    Dennis E. Valentine Law Firm | Dennis Valentine
    In Colorado if the will is properly signed, witnessed, and signed before a notary and the will nominates the applicant to be the personal representative, the courts routinely approve and order the applicant to be the personal representative within ten days. There is no "hearing" in the circumstances set out above. If there is no will or the will is deficient in some respects, I would normally schedule a "non appearance" hearing to give other interested parties a chance to object to the proposed appointment of the personal representative. If there was no objection filed by the time scheduled for the non appearance hearing, the applicant could be named the personal representative within about three weeks. If there was an objection and a hearing, the appointment would be dependent upon the scheduling and completion of a contested hearing. That is dependent upon the court's schedule.
    Answer Applies to: Colorado
    Replied: 3/6/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    In Clark County (Las Vegas, Henderson, etc.), Nevada you set your own hearing date and prepare your own Notice of Hearing. Are you in Clark County, Nevada? If so a visit to the clerk's office is in order.
    Answer Applies to: Nevada
    Replied: 3/6/2013
    Law Offices of Frances Headley | Frances Headley
    The first estate hearing is one month after the filing to allow for the completion of the required publication, which grants the court the authority to proceed with the estate. After that the estate claim period is 4 months and no estate can be closed before that period runs even if there are no claims. Normal estates with no complications take 6 months.
    Answer Applies to: California
    Replied: 3/6/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    That would depend on the court's docket. Many of the processes in probate does not require a hearing. In some instances, once the paper work is received, it is sent to the judge, and if anything needs signing and everything is in order, the judge will sign the papers without a hearing. See an estate attorney on this and he/she can give you a better idea what the usual length of time in the circuit where you reside.
    Answer Applies to: Florida
    Replied: 3/6/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    This is not estate planning but probate. Generally if you file for informal probate then you may never even have a hearing unless someone objects (another heir) to a proposed action such as your appointment as personal representative, proposed distribution, proposed accounting etc. Full probably must take a minimum of 4 months and can take a lot longer. If the assets of the estate are less than $17,000 there is a simplified 1 day probate procedure.
    Answer Applies to: Michigan
    Replied: 3/6/2013
    Frederick & Frederick PLC | James P Frederick
    Depending on the situation, there may not be a hearing at all. If a hearing is needed, in Wayne County, it normally takes 6-8 weeks. In many other counties, a hearing can be set about 3 weeks in advance.
    Answer Applies to: Michigan
    Replied: 3/6/2013
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    It depends on the County, and in some counties which branch court. Generally, the hearing on an initial filing (Petition for Probate) is 4 to 8 weeks after the filing. One reason for the delay is to allow time for proper notice to be given to all interested parties.
    Answer Applies to: California
    Replied: 3/6/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    It gets a date when you file it. Often it takes a few months. This is due to the shortening of Probate Court staff. It is supposed to close in one year. However, both often take longer depending on the challenges.
    Answer Applies to: California
    Replied: 3/6/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    In Colorado if the estate is being administered informally, there are no hearings. What kind of case are you referring to?
    Answer Applies to: Colorado
    Replied: 3/6/2013
    Law Offices of Gerald A. Bagazinski
    Law Offices of Gerald A. Bagazinski | Gerald A. Bagazinski
    It depends on the county. In some cases, the estate is handled administratively and there is never a court hearing.
    Answer Applies to: Michigan
    Replied: 3/6/2013
    The Wideman Law Center, P.C. | Susan Wideman Schaible
    Not all probate cases require Hearings. Some are just done by filing documents with the Court. However, if there is going to be a Hearing, the first one should happen within a month of the initial filing and would probably be about the validity of the will, or the appointment of the personal representative, or a determination of who are the heirs of the deceased.
    Answer Applies to: Michigan
    Replied: 3/6/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    A lot depends on how busy the court is. Normally, it should occur in just a few weeks, unless no hearing is needed because all of the heirs and devises filed waivers of notice. You should receive copies of any documents filed with the Court if you are listed as a devise.
    Answer Applies to: Utah
    Replied: 3/6/2013
    Law Offices of R. Christine Brown | R. Christine Brown
    It depends on the court where the petition for probate was filed. The hearings to appoint an Executor or Administrator in LA County are usually set within 4 - 6 weeks. But with budget cuts, etc, it could be longer.
    Answer Applies to: California
    Replied: 3/6/2013
    James Law Group
    James Law Group | Christine James
    If it is a probate about 6 weeks.
    Answer Applies to: California
    Replied: 3/6/2013
    Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
    Usually two or three weeks.
    Answer Applies to: Connecticut
    Replied: 3/6/2013
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