How long should it take to probate an estate?

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How long should it take to probate an estate?

My mother died about 6 months ago; she assigned a lawer to be the executor. All of her assets were in a trust and it is seeming to take forever to have closure on this. Nothing is done unless we continully email or call him. We have finally gone through her personal possessions in June. he called off chosing items when two of the three siblings said they wer done. Since then nothing has happened. We are still waiting for him to have the rest of the personal items appraised and for him to sell her condo. He has stated that if we hire a lawyer he will use my mothers estate to fight it he has kept out $30,000 for “contingency”. Am I right in felling this is taking way to long?

Asked on October 16, 2012 under Estate Planning, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Custom and parctice in the probate filed is that once letter's testamenatry are issued and assuming the estate is not a complicated or too big of one (less than $1,500,000 or so with no real property needing to be sold) the estate normally should be closed within eight to ten months after letter's testamentary are issue.

The exucutor is under a legal obligation to keep the heirs posted in writing as to the estate's status on at least a monthly basis. From what you are writing about, you have reasons to be concerned. I suggest that you consult with another Wills and trust attorney to assist you in this matter and getting things moving forward.


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