Legal Question in Wills and Trusts in Indiana
Length of Probate
The one year anniversary of my Uncle�s Probate case is coming up the beginning of next month.
I understand that a Probate case �Must� be closed within one year of opening.
What happens if the lawyer does not close it within that time frame?
Does the state impose a penalty on the estate, or the lawyer?
And Can the Lawyer claim said penalty against the estate?
1 Answer from Attorneys
Re: Length of Probate
Your understanding is incorrect. There is no statutory period for the length of a probate proceeding. And there is no intital penalty either. The rest of your questions are moot as there basically no penalty. The usual penalty for not acting efficiently in estate matters is to be removed as the attorney for the Executor/Administrator. It is usually the Executor that is removed for not acting not the attorney. Most often the removal process is not intiated till long after being open only 1 year. But each case depends on its own facts. An Estate does not usually show up on the Judge's Status Call for a couple of years after it is opened but each Judge runs his/her call differently. Each County also has different rules and I am not aware of any county that imposes a fine.