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A simple estate with just a few, easy-to-find assets may be all wrapped up in six to eight months. A more complicated affair may take three years or more to fully settle.
Generally, an executor has 12 months from the date of death to distribute the estate. This is known as 'the executor's year'. However, for various reasons the executor may have been delayed and has not distributed the estate within this time frame.
A personal representative has the discretion to make a partial distribution of assets during the administration of the estate.Once final expenses have been made and the estate is ready to close, the personal representative can distribute the remaining assets to the beneficiaries.
After someone dies, it can be a number of months before the assets are distributed to the beneficiaries. If a Grant of Probate is necessary, the Supreme Court needs to be informed of the current assets and liabilities of the deceased before probate can occur.
Generally, beneficiaries have to wait a certain amount of time, say at least six months. That time is used to allow creditors to come forward and to pay them off with the estate assets. (In some cases, an executor may make partial distributions to the heirs after he or she estimates the debts.
Q: How Long Does an Executor Have to Distribute Assets From a Will? A: Dear Waiting: In most states, a will must be executed within three years of a person's death.
After the Grant of Probate has been issued, our Probate Solicitors estimate that for a straightforward estate, it will take another 3 to 6 months before the funds can be distributed to the beneficiaries.
An executor acts until the estate administration is completed or if they resign, die or are removed for cause.
If an estate is not properly probated and closed in a timely manner, there may be a number of consequences that can jeopardize the estate: The statute of limitations for creditors' claims is extended. Assets may lose value or be lost altogether. The state may claim the assets.