The Executor of an estate has 75% of the work to do in a probate situation. It's a huge time burden for those individuals who have this responsibility. In addition to a job and your own family, the first thing an executor/attorney will do is file a petition to probate. That's the easy part. Here is a timeline on the process.
Step in Process Duration
Prepare and File Petition Probate | 1-2 months |
A court hearing on the petition for probate | 2-3 months |
The following are issued. letter of administration, order for probate, duties, and liabilities, issue bond (if ordered)&** letters testamentary ** | 2-4 months(if not contested) |
Notice to Creditors | 2-4 months |
Notice to Department of Health Services Inventory & Appraisement | 4-8 months |
Pay state and Federal Taxes ( if necessary) | 6-12 months |
Allow or Reject Creditor Claims | |
Possible Preliminary Distributions | |
Notice to Department of Health Services (if deceased received medical) | |
Notice to Franchise Tax Board (if the heir is out of state) | |
A claim of Exemption (if assets transfer to a minor) | 6-15 months |
Receive Final Tax Letter from state and Federal (if appropriate) | 6-18 months |
File Petition for Final Distribution and Accounting | 8-16 months |
Hearing on Petition for Final Distribution and Accounting | |
Order Approving Final Distribution and Accounting | |
Distribution of Assets to Heirs | 9-17 months |
Final Discharge Order (indicates close of probate case) | 9-18 months |
Final Distribution of Funds | 9-18 months |
* cleaned out
* personal property needs to be sold, auctioned or donated
* repairs need to be made
* the lawn needs to be kept up
* locksmith to rekey the property
* different insurance needs to be purchased if the home is vacant
* interview realtors
* review offers
* make any repairs the buyer may want to be done, if applicable
* transfer the deed to the new buyer
* figure out what to do with the proceeds
All these things and more can be expected of an Executor. Other than an Attorney, your most valued resource will be a real estate team that is trained and experienced in probate and inherited property sales. Your time is valuable and do you have the resources that my team does? You need a probate resource!
Go to my website for additional information that our team can do for you:
www.turnkeyrealtyco.com/probate
Or contact me at 970-672-6069 for help
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