Why does probate take so long? Let’s follow the time line of a typical probate:
After the decedent’s death, as soon as the identities and addresses of all the beneficiaries and heirs can be determined, a petition for probate is prepared and filed. Six to eight weeks later, after allowing time for publication and mailing of notice to interested parties, a hearing is held, and the Court officially appoints the personal representative of the decedent. Letters Testamentary (or Letters of Administration) are issued, establishing the personal representative’s authority to act on behalf of the decedent’s Estate.
After the letters have been issued, the personal representative sends a Notice of Administration to Creditors to all reasonably ascertainable creditors of the decedent. Creditors have four months from the issuance of Letters, or 30 days from receipt of such Notice, whichever is later, to file creditors’ claims against the Estate for the decedent’s debts.
Once the four months has passed, just claims may be paid. Lawsuits on any denied claims must be resolved before the estate may be closed.
During the early stages of the Probate procedure, the personal representative makes an inventory of estate assets. The assets are then appraised by a probate referee appointed by the Court.
After payment or resolution of all creditors’ claims, the personal representative prepares and files a final accounting and petition for final distribution. This is set for hearing in court at least six weeks later, to allow time for notice to be given to all interested parties. Absent of objection, the Court signs an Order of Distribution. The personal representative may then pay fees, commissions and costs and distributes the remaining assets to the beneficiaries. When all receipts are filed, a declaration and Order of Final Discharge is filed by the personal representative and signed by the Court, and the Estate is closed.
Probate takes eight months to a year or more. Probate costs thousands of dollars in attorneys’ fees and related costs. Probate is a matter of public record. Probate takes the personal representative’s time and attention. There you have four good reasons why many people choose to have a qualified attorney prepare a living trust for them and avoid probate altogether.
Jerry Kessler practices law in Santa Clarita. For more information, please call 661-255-1001.