QUESTION
Why would a probate still be opened after 6 years?
Asked on Dec 29th, 2013 on Estate Planning - Nevada
More details to this question:
My friend died and I never checked into things like he told me to do and now the probate is still open. What could it be?
13 ANSWERS
There are numerous legitimate reasons a probate estate will remain open. From the facts you have provided, it is not possible to determine whether this is true in this case. Consult with an attorney specializing in estate administration for further information.
Answered on Jan 02nd, 2014 at 10:20 AM
Check with the Probate Court. This is not confidential, it is a matter of public record. In some counties, you can find out what is going on in a case on line.
Answered on Dec 30th, 2013 at 11:37 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Could be many reasons; from the failure to complete the ministerial act of seeking court approval to close the estate to the inability to complete the collection of all the assets of the estate.
Answered on Dec 30th, 2013 at 11:37 PM
It usually one of three things: 1. A difficult asset, 2. A difficult liability, 3. A missing heir or legatee.
Answered on Dec 30th, 2013 at 11:35 PM
Edwin K. Niles
Sounds like some sort of problem. Index your friend's name and get a case number. From that you can go on-line and review all the court proceedings.
Answered on Dec 30th, 2013 at 11:35 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There could be a number of different reasons. Were there unusual assets that needed to be sold? Was there real estate that is up for sale? Was there a Will? You may be able to get a general idea of what is going on by checking the probate docket, if it is available to you online, for the county in question. You can get even more information by checking the actual probate file, which is part of the public record. It is not all that unusual for things to drag on, if no one is pushing for the estate to be wrapped up.
Answered on Dec 30th, 2013 at 11:34 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Don 't know. You will have to go to the court and look at the pleadings. It may be that everything has been done and the personal representative just did not file to close the estate.
Answered on Dec 30th, 2013 at 11:34 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Most commonly it's because there is real property that stubbornly won't sell. However, the only probate I've done that was open that long was open because of all sorts of tough creditor issues and some very difficult assets. Best to have your own lawyer review the progress of the estate and evaluate what is happening. It may be that the personal representative is sick, or elderly and frail, and could use some help.
Answered on Dec 30th, 2013 at 11:34 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Normally a probate estate must be opened within one year following a person's death. While it is possible for an estate to remain open for a considerable period of time you haven't given much information as to why this particular state may still be open. Probate records are public so you may be able to go to the probate division of the circuit court for the county in which the estate was opened (normally this would be the county where the person lived and died). If an estate has not been opened then it is too late to open one. If there was no estate opened there is still a question as to who may have a right to certain accounts or assets that your friend owned you may be able to initiate an action in court to determine heirship. You'll have to retain counsel in order to do this since it is a court proceeding.
Answered on Dec 30th, 2013 at 11:33 PM
While it is unusual, there can be a number of reasons that probate would still be open. Perhaps some important asset was tied up legally and hasn't become available yet. Perhaps there is an heir who is alive but for some reason can't be reached. Perhaps the heirs or someone who thinks they should be an heir has included the estate in a law suit that is still in progress.
Answered on Dec 30th, 2013 at 11:33 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to check the court file to determine the answer your question; maybe a sale of real property is involved, or some other transaction, or lack of prosecution of the person administering the probate.
Answered on Dec 30th, 2013 at 11:32 PM
2 Awards
It is hard to say. If there is litigation it could still be open, but 6 years is a long time. An attorney would need to check the court records to see what is going on.
Answered on Dec 30th, 2013 at 11:32 PM
3 Awards
Absolutely. There may have been issues, litigation and audit, etc. You should review the court file to determine what has occurred. If you are uncertain, hire counsel to assist you.
Answered on Dec 30th, 2013 at 11:08 PM