QUESTION
How long do I have to carry out the terms of a will after the death?
Asked on Sep 13th, 2011 on Estate Planning - Georgia
More details to this question:
How soon can I file with court after death? I want the minimum and maximum time to carry out the terms of the will.
4 ANSWERS
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
If you have a will, you are suppose to file it with the court within 10 days of death. Once a probate is opened there are time requirements for taking action or seeing permission to get an extension, but there is no requirement to open a probate. Often people wait for 2 years so that if no one files a claim, the claims can be invalidated.
Answered on Sep 16th, 2011 at 1:04 PM
The time to probate a will is established and limited by state law. You would have to check the laws of your specific state.
Answered on Sep 16th, 2011 at 7:51 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
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You could start probate the next day if you like; although to get anything effective done you will need death certificates, and that takes a week to ten days. There effectively is no latest date. The probate gets more and more difficult (read "expensive") the longer you wait. I normally tell people not to do anything until after the funeral. Then get right on it.
Answered on Sep 16th, 2011 at 7:17 AM
Glen Edward Ashman
Since we have not read the will, nor have you said what state you are in, we have no way to answer you. As an executor, you absolutely need a lawyer, and should follow his directives.
Answered on Sep 15th, 2011 at 11:26 AM