After one year, if the executor doesn't complete their duties, beneficiaries may demand payment (possibly with interest) by taking the executor to court. Of course, if the estate is particularly complex, the courts may accept that the executor needs more time.
Given the potential complications, it's clear that hiring an estate lawyer is not just advisable, it's essential! The lawyer's expertise not only helps you avoid mistakes but also ensures that the estate is settled efficiently, respecting the wishes of the deceased and the rights of the beneficiaries.
Undue influence. Lack of capacity to make a will. Mistakes or noncompliance with formal requirements (unsigned, not properly witnessed) Fraud.
In Ontario, there is a general two-year limitation period in which a person can bring a claim in court on a civil matter.
Complications can arise during the process that will add time to the schedule. For example, a party may petition the probate court if the will is not being followed. All being said, the probate process has an average range of 6 to 12 months.
Any interested party or heir can file the Petition for Letters of Administration. The petition has to be completely filled out, including a complete listing of each and every heir of the deceased, each heir's age (or over 18), addresses, and relationship to the deceased.
Georgia has among the most user-friendly of probate laws, allowing many estates to avoid probate altogether, as well as streamlining the administration of most estates that are probated. Because of this, there are some unique considerations for estate planning.
(b) A will shall not be offered for probate following the expiration of five years from the earlier of: (1) The latest date on which a petition is filed for the appointment of a personal representative of the decedent's estate, an order that no administration is necessary on the decedent's estate, or the probate of a ...
Anyone can search probate records, as wills and deeds are considered by the state of Georgia to be public record. Copies are made whenever needed.
That being said, it is never a good idea to delay the inevitable. California Probate Code section 8001 specifies that the executor has 30 days after the decedent's date of death and after learning they are the nominated executor to petition the court for administration of the estate.