QUESTION
How long after filing paperwork can an estate case take?
Asked on Mar 04th, 2013 on Estate Planning - California
More details to this question:
After filing paperwork, how long until your first hearing?
14 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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An estate generally must remain open a little more than six months (the time limit for filing claims against the estate) - this is the minimum. Large estates could remain open much longer.
Answered on Mar 08th, 2013 at 8:31 PM
Real Property Attorney serving Utica, MI
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Douglas A. Tull, P.C. Attorney at Law
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It depends on a number of factors so no way to answer.
Answered on Mar 08th, 2013 at 1:01 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Depending on facts and circumstances, 6 months - 5 years. One year is typical. 1st hearing should be about 1 month after filing.
Answered on Mar 07th, 2013 at 12:18 AM
In Oregon, there is often no hearing. It is all handled by mail. A typical decedent probate estate takes 6 to 9 months.
Answered on Mar 06th, 2013 at 10:36 PM
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In Clark County (Las Vegas, Henderson, etc.), Nevada you set your own hearing date and prepare your own Notice of Hearing. Are you in Clark County, Nevada? If so a visit to the clerk's office is in order.
Answered on Mar 06th, 2013 at 10:31 PM
The first estate hearing is one month after the filing to allow for the completion of the required publication, which grants the court the authority to proceed with the estate. After that the estate claim period is 4 months and no estate can be closed before that period runs even if there are no claims. Normal estates with no complications take 6 months.
Answered on Mar 06th, 2013 at 10:26 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This is not estate planning but probate. Generally if you file for informal probate then you may never even have a hearing unless someone objects (another heir) to a proposed action such as your appointment as personal representative, proposed distribution, proposed accounting etc. Full probably must take a minimum of 4 months and can take a lot longer. If the assets of the estate are less than $17,000 there is a simplified 1 day probate procedure.
Answered on Mar 06th, 2013 at 8:46 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Depending on the situation, there may not be a hearing at all. If a hearing is needed, in Wayne County, it normally takes 6-8 weeks. In many other counties, a hearing can be set about 3 weeks in advance.
Answered on Mar 06th, 2013 at 8:44 PM
Edwin K. Niles
It depends on the County, and in some counties which branch court. Generally, the hearing on an initial filing (Petition for Probate) is 4 to 8 weeks after the filing. One reason for the delay is to allow time for proper notice to be given to all interested parties.
Answered on Mar 06th, 2013 at 8:44 PM
In Colorado if the estate is being administered informally, there are no hearings. What kind of case are you referring to?
Answered on Mar 06th, 2013 at 8:28 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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It depends on the county. In some cases, the estate is handled administratively and there is never a court hearing.
Answered on Mar 06th, 2013 at 8:24 PM
Estate Planning Attorney serving Marquette, MI
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The Wideman Law Center, P.C.
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Not all probate cases require Hearings. Some are just done by filing documents with the Court. However, if there is going to be a Hearing, the first one should happen within a month of the initial filing and would probably be about the validity of the will, or the appointment of the personal representative, or a determination of who are the heirs of the deceased.
Answered on Mar 06th, 2013 at 8:05 PM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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A lot depends on how busy the court is. Normally, it should occur in just a few weeks, unless no hearing is needed because all of the heirs and devises filed waivers of notice. You should receive copies of any documents filed with the Court if you are listed as a devise.
Answered on Mar 06th, 2013 at 7:59 PM
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If it is a probate about 6 weeks.
Answered on Mar 06th, 2013 at 7:58 PM