Legal Question in Wills and Trusts in New Jersey

Time period for finalization of a will

My father passed away in September of 2005, my sister and brother are the power of attorney for my father's estate. How long does the process take to finalize the will? Is there a time limit that this must be completed by. He had quite a bit of money in savings plus I know they sold the house. Because of the alzheimers with both parents we are not on speaking terms.


Asked on 9/17/06, 10:14 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Time period for finalization of a will

There is no time for an estate to be completed, and the length of time depends on the total value of his assets, the nature of his assets and how comlicated it may be to liquidate or transfer them, and whether or not federal or state estate and/or inheritance taxes are involved. However, you should be getting interim reports on what is going on. Being almost a year, unless there are complicated assets (like business interests or special types of real estate) or estate or inheritance taxes involved, the estate should be almost ready to distribute. You have not said if you have a copy of the Will, which might have some bearing on what is taking so long. I suggest your attorney, or if you do not have one, getting an attorney to assist you in getting a status report and information on what is happening. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Missing facts could result in a different response.

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Answered on 9/17/06, 2:00 pm
John Corbett Corbett Law Firm LLC

Re: Time period for finalization of a will

There is no fixed time period to close an estate. The personal representatives of the deceased are required to proceed with reasonable promptness to wind up the affairs of the estate and the make appropriate distributions. The amount of time that this takes depends on the complexity of the estate.

As a beneficiary, you should receive reports from the personal representatives at reasonable intervals. Nothing compels this, but it is good practice for them because you can compel an accounting of the estate by filing a complaint with the court. If you have asked to be kept informed and this has not happened, you should discuss the matter with your attorney. If you don't have an attorney who customarily handles your business, I will try to help if you call or email.

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Answered on 9/18/06, 12:50 pm


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