Legal Question in Wills and Trusts in New York

Re: time frame of Probate

If all interested parties consent and there are no objections probate can move as swiftly as two weeks.

On the other hand, if parties refuse or delay in consenting, citations issue and that will take longer.

If there is a contest over the Will, it can take ever so long.

Re: time frame of Probate

If there is cooperation among the distributees

and the beneficiaries, probate can take

less than a week. If there is no cooperation

or complications, such as a search for

distributees or refusal to consent, or

contests over the will, probate could take

years.

The attorney representing the estate has an

obligation to furnish each party named in the

will and all other distributees with an

individual copy of the will.

the named executor also picks the attorney

for the estate. This does not have to be

the attorney who drafted the will, or

holds the will for safekeeping. It should

be someone the executor trusts and can work

with.

Re: time frame of Probate

The time framework can vary depending upon the size of the estate, the asset composition and the state in which the probate occurs. If there are potential taxes due (state or federal) this could take longer as nothing can be completed until the taxes are paid and the taxing entity signs off that all taxes due have been paid. If unusual assets are involved (like businesses) and they need to be liquidated or sold, this could take time. Some states, like Florida, have involved probate proceedings and compliance with the court requirements can add to the time normally needed to complete the process. Most simple, non-taxable estates should be completed in less than 9 months(the time for filing a federal estate tax return on a taxable estate). Taxable estates and estates involving complicated assets may take a year or more before the estate can be closed. The estate attorney should be keeping every interested person at every stage of the matter.