Legal Question in Wills and Trusts in Pennsylvania

How long after a will is read, do you have to get what was left to you?


Asked on 11/13/12, 12:16 pm

1 Answer from Attorneys

Wills are not usually read. The executor of the will has to file the will with the probate court and be formally appointed. A notice to creditors has to run in the newspaper. After claims are paid and state and federal tax authorities give their blessing, then distribution can occur. Depending on the size and complexity of the estate, this can take 1-2 years. Any distributions made prior to confirmation are at the risk of the executor.

However, it may also depend on the particular item that is the subject of a bequest. Is it cash/money? Land? Some other item of personal property? It also depends on the value and if the estate has enough money to pay all claims. If he are talking about an item of more sentimental than actual value, I see no reason to wait until the claims are paid. If we are talking about land, cash or a car, then no executor is going to prematurely distribute the items until the claims are paid.

You also don't indicate what state the estate is pending in or if an estate has been probated. Every state's procedure is different, although the steps I outlined are fairly common to all estates.

Read more
Answered on 11/13/12, 8:30 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania