Legal Question in Wills and Trusts in Georgia

You are directing your questions to Georgia attorneys. I am not admitted in Illnois and do not know about the probate laws there. You need to re-post and direct your question to Illinois probate attorneys.

As a general matter, its not how long the estate is in probate but whether the personal represenative will be at risk if funds are distributed. Personal representatives can be held personally liable for improper distributions. And even if the property is distributed to the right beneficiary, no personal representative wants to be in the position of distributing the property only to have to ask for the return of the funds.

At a minimum, the personal representative needs to wait until all claims are filed within the applicable claims period (assuming that proper notice was given) and he/she has to file final tax returns and seek approval from the federal and state taxing authorities (some states have inheritance taxes as well as estate taxes). Generally, this process can take anywhere from 6-12 months, depending on when the person died, what claims there will be and what all assets are in the estate.

If you are on good terms with the personal representative and you are a beneficiary, ask the personal representative for an update. If you are not on good terms, I would get a copy of the will from the probate court along with any relevant documents (like the notice to creditors, inventory and accounting) and pay an Illinois probate attorney to review the papers and advise you as to your rights. It may be that the personal representative is not doing his/her job and if that is the case, then the personal representative can be removed.