If I was left a condo in a will and person died in December 2012, how long before I can get ownership?

Question

Loren Lambert · Answer

You don't need to be waiting. You should be proceeding for a probate action.

Sanford M. Martin · Answer

You should confirm that the referenced will was filed in the county, that the named personal representative is administrating the estate, and that you are notified of what actions are being taken to administer the estate. If a probate has been filed, you, as an interested person, have rights to obtain information about the case. In Florida, depending on what issues are involved in the probate or administration of the estate, whether there are objections from other parties, debts and claims against the estate, and other issues, a probate case may take several months but you should already be involved insofar as receiving notice of administration and other relevant information. Probate in FL may be extended beyond a year if such actions justify it.

Victor Waid · Answer

You need to obtain the assistance of a probate lawyer to file a petition into probate court to obtain the title to you in the property, assuming you are the only heir.

Ben Liu · Answer

It depends on the probate of the estate.

James Oberholtzer · Answer

Usually about 9 months; but it can vary from 6 months to 3 years.

Brian Haggerty · Answer

If no one else has, you need to begin the administration of the decedent's estate. If someone has opened probate, you will receive notice, and you will be entitled to copies of annual accounts which will show the progress of the estate. An Oregon estate can be settled in as little as six months, but if complications arise, an estate may be open for years before distribution. If there is plenty of cash in the estate, you may be able to get the personal representative to agree to a Partial Distribution, deeding your condo to you before the estate closes.

Mark T. Peters · Answer

It depends on how much other stuff has to be gone through. Has anybody started a probate case?  If not, you may need to start it. The decedent's bills will have to be paid and then the remainder distributed. Theoretically, if there isn't enough to pay the bills, the condo may have to be sold to pay the bills. Talk with an attorney about your specific situation.

Mark L. Dodds · Answer

In most cases a probate of a will dealing with transfer of real estate can be wrapped up within 9-12 months of death; therefore, you should most likely get ownership of the condo within that time fram. If there are extraordinary problems with the estate, such as a contest over who is to inherit, validity of the will, outstanding debts, etc., then the process may be delayed pending resolution of such issues. If it is taking more than 9 to 12 months and there are no significant problems as I described, then most likely someone is dragging their feet and not getting the job done. That "someone" might be the executor named in the will and/or the attorney handling the probate of the estate.

Gerald Bagazinski · Answer

Usually within 4 months of the publishing of a creditor's notice. I am assuming it is a specific bequest and not a residuary bequest. Other variable can include administrative costs, taxes, funeral and burial costs depending on the size of the estate.

Dara J. Goldsmith · Answer

Not until after the probate is compete; however long that takes.

Carl Silver · Answer

As soon as you introduce the will to probate so you can acquire title.

Christine James · Answer

You should be following the probate. You should have received notice. Probate can take anywhere from 6 months to a year or more. Ask the executor or his/her attorney what the status is and when you can expect distribution.

Bernard H. Greenberg · Answer

That depends on the probate process in your state and whether there any complications with the estate. Every estate is different so there is no set time frame that applies to all estates.

Jeffrey Cogan · Answer

You will need to have the will probated to get the judge to order that the condo is transferred to you. As a beneficiary, you can file the probate if a probate has yet to be filed.

Kathleen Delacy · Answer

Normally once the Inventory is filed you become the owner of record. Problem may be debts. If condo needs to be sold for debts you may not get it.

Jayne Sebby · Answer

Usually the executor has a year to settle the estate. Once all the decedent's debts and the administration costs are paid, the assets can be distributed. Depending on the state the decedent lived in, you may owe estate taxes on your inheritance.

Norman Green · Answer

Just as soon as the court orders it. Consider filing a Request for Special Notice.

Richard Keyes · Answer

You have not disclosed whether a probate estate has been opened up. In Missouri, you have to apply to get the will admitted to probate within one year of the date of death. After the will is admitted to probate, notice is published one a week for for weeks for creditors to file claims against the estate. Creditors have six months to file claims against the estate. The personal representative can begin to close out the probate estate once the six months is up. Contact the personal representative and find out how far along the probate process is.

James Frederick · Answer

It depends on a lot of information not included in your summary. Is the estate in Michigan? Were the remaining assets of the estate sufficient to handle all claims? If there are no other claims and all administrative expenses have been covered, then I would expect that the distribution can take place in the near future, since the creditor claims period is 4 months, (assuming the publication was made properly). I assume, also, that the estate has been opened and that administration has been proceeding properly.

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If I was left a condo in a will and person died in December 2012, how long before I can get ownership?

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