Legal Question in Wills and Trusts in Pennsylvania
My grandmother passed away in December 2014 and her will went into probate on Jan 8, 2015. My grandmother's niece is the executor and she with 4 granddaughters are named in the will. As of today, Nov 17, 2015 the lawyer nor my grandmother's niece will tell the adult granddaughter how much is left in her estate. Can they withhold this information? My grandmother had no property only a large savings, stocks and bonds. Does probate take this long?
1 Answer from Attorneys
Probate generally takes 1-2 years to complete depending on the size and complexity of the estate. Also, if the estate is in Pennsylvania, then there is going to be inheritance tax owed and the Pennsylvania revenue department has to issue a certificate of approval before the estate can be submitted for confirmation of the account.
The estate attorney works for the estate - but really the executor. That is his/her client, not the beneficiaries. The lawyer does not have to talk to the beneficiaries. While it might be better practice for an executor to keep the beneficiaries of an estate informed, there is no duty to do so. Nobody is withholding information from you though. Estates are matters of public record. There should be an estate on file with the court in the county where an estate for the grandmother is pending. The estate file should contain the will, petition for probate, order appointing the executor, an inventory listing all of the assets and after a year, an accounting. The executor is also required to file status reports for estates that cannot be closed out within a years.
If there is no estate file, then the obvious question is why not? Did the grandmother have probate assets? Things like bank accounts or other accounts could be beneficiary designated assets. In which case, there might be a directive to the bank or other corporation holding the funds to pay out the funds to the named beneficiary or beneficiaries at death. In such case, there would be no need for probate. If these funds exist, have the beneficiaries made a claim for this?