How long does it take a will to go through probate?
My father passed away the end of Aug. 08.
My stepmother has not mentioned a will although I was told that there was one. How long does it take a will to go through probate. And how long should I expect to wait before some kind of notification?
The children are kind of at the mercy of our stepmother right now, and don’t know how to approach her on this matter. My stepmother is in her 80’s.
What recourse do we have if any? My father lived in Pennsylvania.
Sorry about your dad - thats very sad for you. My dad passed away in March 2007 and his will has only just been sorted out and I received my inheritance last month. If its not complicated, then it should be fairly quick but even then, it depends on the lawyers. Most people have executors nominated by the deceased when drawing up the will - these people ensure that the will is sorted out and that the people in the will receive the money etc. If you know who the executor is, you could approach them - other wise, just ask your step mother. She cant help if she doesn’t know the problem - but it might be a little upsetting for her right now - its not that long since he died.
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You are not at anyone's mercy.
If there is not clear communication among the heirs, go ahead and consult your own attorney to determine what to do. If your stepmother does not bring forward a will, you may have to petition the court to go forward without a will. Your attorney will guide you through this.
Some probate matters go smoothly and quickly. In other cases, in which the heirs are not communicative or are hostile, it can take years.
I am sorry for your family's loss.
References :
15 years working with the probate court
Sorry about your dad - thats very sad for you. My dad passed away in March 2007 and his will has only just been sorted out and I received my inheritance last month. If its not complicated, then it should be fairly quick but even then, it depends on the lawyers. Most people have executors nominated by the deceased when drawing up the will - these people ensure that the will is sorted out and that the people in the will receive the money etc. If you know who the executor is, you could approach them - other wise, just ask your step mother. She cant help if she doesn’t know the problem - but it might be a little upsetting for her right now - its not that long since he died.
References :