LA Probate Law What You Can Do with Bureaucracy Hold Up
The post-death administration process rarely moves as quickly as the survivors would like. We are experienced with all aspects of the administration process and know how to focus the process to reach your goal as quickly as possible. You should ask a LA Probate Law attorney you are considering what experience he has in probate. Talk to friends, relatives, business associates, or someone you believe has been an executor to find whether they have any experience with an attorney they can recommend.
Average Time for Estate Administration
The probate administration process usually takes a minimum of eight months and can sometimes take several years. The administration process can be delayed by numerous problems including (i) contests over the will, (ii) contests over appointment of the administrator, (iii) creditor claims, and (iv) accounting issues. The earliest that an estate may be closed and distribution made to the heirs or beneficiaries is approximately six (6) months after the opening of the estate. However, it is unusual for all administrative duties to be finalized within that period of time. LA Probate Law has found that 65% of the estates were closed in less than 12 months. The average time for estates was 11.6 months.
Delays in Administration
Some delays in the estate probate administration process are a natural product of court proceedings. The complexity of the estate can require that the personal representative follow procedural steps before distributing assets to heirs. Some court delays, however, arise from claims and contests between the heirs or other interested parties. Usually, the best method for resolving these procedural hurdles is through effective negotiation and compromise. Other delays in the probate estate administration process result from an administrator not properly discharging his duties says LA Probate Law. A personal representative is charged by the court to engage in timely and orderly estate administration. Whether an administrator is not acting in a timely manner depend on the circumstances and nature of the estate. A personal representative who fails to perform his duties in a timely manner can held accountable and sometimes sanctioned by the court.
Assets Supposed to Be Distributed
A personal representative distributes assets only after petitioning the court for approval to do so. By forcing the a personal representative to file a petition, the court insures that the personal representative has followed all the required steps including asset gathering, notifying and resolving creditor issues and accounting. A personal representative is required to give all interested parties notice of any petition to distribute. LA Probate Law are experienced with all aspects of the administration process and can tell you whether a delay is reasonable or the result of delay by the personal representative. If appropriate, we can force change and even remove a lackadaisical personal representative. If a deceased person’s estate is below the statutory minimums, certain summary procedures may be followed which eliminate the necessity of full administration and the appointment of a personal representative.
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