Legal Assets Will Not Transfer If the executor fails to probate a will, all the decedent's assets remain in their name indefinitely. That means the deceased individual's assets, such as their house, car or personal property, cannot transfer over to the appropriate parties without court approval.
If the concerns about the behaviour of the Executor still remain, you may be able to make an application to the Court to seek an Order for the current Executor to be removed.
The executor must ensure that the assets are distributed to the beneficiaries ing to the testator's wishes and in compliance with applicable laws. Any deviation from the testator's intentions, with the intent to cheat beneficiaries, would be a breach of the executor's fiduciary duty.
Seek mediation: If informal discussions fail, mediation can provide a neutral platform for resolving disputes. Apply to the court: As a last resort, beneficiaries can apply to the High Court to compel the Executor to act or even seek their removal if they're failing in their duties.
How long after probate can funds be distributed in the UK? A Personal Representative, or executor, has 365 days in which to administer the estate of the deceased and to distribute their assets to the Beneficiaries. As complex estates can take longer than a year to wind up, this isn't a strict deadline.
If the concerns about the behaviour of the Executor still remain, you may be able to make an application to the Court to seek an Order for the current Executor to be removed.
Summary Administration may be filed when the value of the entire estate does not exceed $75,000.00 or when the decedent has been dead for more than two (2) years. A petition for summary administration may be filed by any beneficiary, heir at law, or person nominated as personal representative in the decedent's will.
To do this, you will need to contact your local county clerk's office (or similar organization) and inquire about the process for obtaining probate property information. The county clerk's office will provide you with a list of properties that are in the probate process or have recently been probated.
Serve Notice of Administration Florida Statute section 733.212 requires the personal representative to mail a “Notice of Administration,” on interested parties, including the decedent's spouse, beneficiaries, and others who may be entitled to estate assets.