Legal Question in Wills and Trusts in Pennsylvania
How long does it take after filing an adjudication in probate court for disbrusement to heirs?
1 Answer from Attorneys
I don't know what you mean by "adjudication." What are you adjudicating? Confirmation of the account? Or a will caveat?
You need to be more specific about what you are talking about. In most cases, it takes about 1-2 years from the time that you probate a will till the time of distribution, but it depends on the size and complexity of the estate. It takes this long because there needs to be approval by the taxing authorities over any final tax returns or inheritance taxes.
If you are talking about final confirmation of the account, were objections filed by anyone? They usually have 10 days to object. If the account is confirmed, distribution should occur reasonably promptly after that. Again, I don't know what assets were in the estate so I don't know the reason for any delay.
Talk to the personal representative to see why there is a delay. Does the personal representative have an attorney? Are things being handled competently? If they are being done properly, don't talk to the estate attorney if there is one. The attorney represents the estate, not you. What this really means is that the attorney represents the personal representative. You may need to first check the Orphans' Court estate file (if this is a Pennsylvania estate) and see what has been done and when. It will also tell you the name of the personal representative and the estate attorney if there is one.
If the personal representative is not doing the job, prompt them to do so by writing a letter to them. If this does not get him or her moving, then you will have to hire your own attorney to compel the personal representative to do his/her job or face removal. As a practical matter, I can't see why a personal representative would administer the estate and get confirmation of the account only to refuse to distribute the assets so something else must be going on but only a review of the court file will tell you.
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Do i have to go to probate if my dad died with nothing Asked 10/04/11, 12:42 pm in United States Pennsylvania Probate, Trusts, Wills & Estates