How Quickly Are Wills Probated After Death?

Since an estate can’t be distributed to beneficiaries until the will goes through probate, the duration of the probate process directly impacts beneficiaries.

When a loved one passes away and leaves behind a last will and testament, there are vital steps that are required to be taken for the will to be probated and its guidelines followed out and assets distributed.

The earlier the process starts; the faster assets can be allocated to the beneficiaries named through the will.

What is probate?

Probate is a process of the court accepting the will and carrying it out. However, prior to the process can be placed into motion, the will is required to be located.

Many individuals keep their will with their other important papers in their home or in a safety deposit box. The attorney that prepared the will might have it or it might have been filed with the probate court for safeguarding.

If there are multiple wills, the most recent one is the one that is genuine and is required to be filed. Should there be a codicil to a will (a revision or addition) this is required to be filed with it.

How does probate initialize?

Following the last will being located, it gets filed with the court in the county in which the individual that created the will (the testator) has passed away or where they last lived. The court that oversees wills and trusts in your county is a probate court. This might be a separate court or a department of another court.

The will is then filed with the probate court by whoever is has it, typically the executor or a beneficiary (in some states only an heir or beneficiary can file it, but the executor can push them to do so) and it could be filed any time following the passing of the testator, provided this is within the time limits determined by the state. The will is filed with a request, petitioning the court to consent to the will and place it into effect. The individual appointed as the executor in the will is accountable for moving the will throughout the probate process and doing all the work of overseeing and distributing assets.

What happens throughout the probate process?

After the will has been filed, the court goes over it to make sure it has been properly carried out (signed and witnessed in accordance with the laws of the state). In a lot of states wills are self-proving, meaning that if they seem to be carried out validly, they are entered into probate devoid of any trial, witnesses, or evidence.

Heirs and beneficiaries are notified legally, in which gives them the chance for challenging a will they deem is invalid. An inventory of the estate is then devised, and assets are valued, so that all assets and liabilities that belong to the testator can be notified to the court and a value can be put on the estate. Creditors get notified of the probate process in order for them to file any claims towards the estate. A financial institution account in the estates name is opened. Then, unpaid bills and liabilities are paid off. Taxes, including income and estate taxes, are also paid-off. Following that, an additional request is filed, and the leftover assets are distributed to the beneficiaries in accordance with the conditions of the will.

How long is probate going to take?

How fast the will is probated is subject to, first on how fast it is filed with the court. The duration of time it takes for probate to be finished depends on a multitude of factors. The more invaluable the estate and the greater the assets, the longer it could take. An estate with a lot of creditors and bills is also going to require a longer process. Should anyone challenge the will, the process is going to be postponed. Smaller estates with little assets and liabilities may move more steadfast. In a lot of situations, a will gets probated, and assets distributed within 8 to 12 months from the time the will gets filed within the court.

Probating a will is a process with a lot of steps, but with focus on detail it could be moved along. Since beneficiaries get paid last, the whole estate must first be settled.

Source:

1. How quickly are Wills probated after death?. LegalZoom. (n.d.). https://www.legalzoom.com/articles/how-quickly-are-wills-probated-after-death

Arizona Family Law

Naming guardians in your will can be part of your estate plan. You may think you’re too young or don’t have enough money to justify the expense, but if you have children, you have priceless assets. There are many considerations when naming guardians for your kids. However, the process doesn’t have to be expensive or complicated.

There’s nothing better than the peace of mind you will have knowing you’ve protected your family at a time when they need it most. Let us help. Schedule a consultation or contact Ogborne Law, PLC of Arizona today.