Legal Question in Wills and Trusts in Washington
timely execution for probate
QUESTION: How long is a reasonable length of time for an estate to go through probate?� My lawyer has had my case for 7 months now.� It is a very small estate, the will is legally binding, and uncontested. Nancy Green
4 Answers from Attorneys
Timely execution of Probate
The time required for probate of an estate depends upon the state law. Usually advertising of the decedants estate in the news paper is required along with notification of the heirs. It also depends upon the complexity of the distribution and whether the property has to be sold to be distributed. A year and a half to two years for a probate to be completed is not unusual. The time is also dependent upon the individual state statutes. Hope this helps.
Timely execution of probate
I'm a California estate planning & probate lawyer, but I suspect that Washington's probate laws are similar. Here, a probate can be as short as six months, but this is rarely the case. Probate usually takes about one year or a year and a half in most instances, if there are no surprises. You should ask the attorney for an estimate of the remaining time--he or she can't tell you for certain, but can give you a good idea. Ask the attorney what steps are involved in your probate (appraisals, inventory, accounting, etc.), and keep track of them as they occur. This will also give you a good idea of how the probate is progressing and how long it will take.
Timely Execution of Probate
The length of time that an estate should remain open depends on your state's laws and local court rules. For example, in Colorado, the minimum length of time is usually 4-6 months after the creditor's notices have been published or delivered.
Timely probate? Ha!
Probate proceedings seem to take between 1 and 2 years normally, acrossthe country. Each state varies. In Mass., it has to be at least a yearin general.
Be patient. It is hard, tedious, time-consuming work for your attorney.