How long does the executor of a will have to distribute inheritances? 3 Answers as of November 03, 2015

My brother left specific amounts of money for his siblings and it has been almost 2 years. There is no probate involvement.

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Law Offices of George H. Shers | George H. Shers
The executor does not really have much power; usually people do not complain and the estate is distributed. ?Talk to the executor and find out what is happening and if they will not act quickly you may need to file the Will or a copy for probate to have the court appoint an administrator who will handle the estate but that can also result in a large cost unless the administrator is willing to work for free [one of the heirs].
Answer Applies to: California
Replied: 11/3/2015
WFB Legal Consulting, Inc.
WFB Legal Consulting, Inc. | William F. Bernard
Probate Procedure Although the procedure varies from state to state, generally the executor named in the will must bring the original will to the probate court in the county in which the deceased lived, along with a certified copy of the death certificate. The executor submits a probate petition and pays any required fees. The court then formally appoints the executor and issues letters testamentary, which allows the executor to begin estate administration. Executor Duties The executor has many duties and responsibilities. These include putting a notice to the deceased's creditors in the local paper, notifying the beneficiaries of the individual's death and the probate proceeding and hiring any necessary professionals. These might include an attorney, accountant and appraiser. She must collect and identify all of the assets owned solely by the deceased, establishing the fair-market value of each at the time of death. These assets constitute the estate. The executor must pay the deceased's creditors out of the estate assets, as well as any ongoing bills such as property taxes on a house. She must also file the deceased's final income taxes, paying any taxes due from the estate account, as well as filing and paying any estate taxes. Complications The more complicated the estate, the longer it might take the executor to distribute the assets. Complications can arise if the will is challenged. Usually, any challenger has a limited period in which to file a challenge with the court. If the deceased did not keep good records, it could take time for the executor to track down all the estate's assets. If the deceased owed back taxes, the IRS and associated penalties come into the mix. Distributing Assets When the executor has paid off the debts, filed the taxes and sold any property needed to pay bills, he can submit a final estate accounting to the probate court. Once the probate court approves the accounting, he can distribute assets to you and other beneficiaries according to the terms of the will. The executor, who might also be an heir and family member, should keep beneficiaries up-to-date on the probate status. If a significant amount of time passes, and there has been no distribution, you can file a request for accounting with the court. If you think the executor is not performing his duties, you can petition the court for executor replacement if you're an "interested party" a beneficiary named in the will.
Answer Applies to: California
Replied: 11/2/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Obtain a trust litigation lawyer to file a petition to compel an accounting of trust assets and distribution; the trustee has taken way too long to carry out duties trust and make distributions according to terms of trust.
Answer Applies to: California
Replied: 11/2/2015
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