How Long After Death Is a Will Executed

Probate Process Timeline

With the death of a loved one comes an avalanche of responsibilities that can be hard to navigate, especially amid grief. In this difficult moment, it’s important to have someone on your side who can help answer questions and guide you through the long legal process that accompanies a loved one’s passing.

This legal process can be even more difficult when a will is involved. At Heban, Murphree & Lewandowski, LLC, we take the time to answer your questions and navigate the law during a stressful time. Today, we’re here to answer your questions about wills and their execution.

Finding the Will

This seemingly simple task can be more complex if the will wasn’t filed with an attorney. A will can often be found in a safe at home or a probate court.

There may be several versions of a will, so make sure the most recent is filed.

Beginning the Probate Process

If you want to know when a will is executed, here’s the short answer—processing an inheritance is one of the last tasks before the executor of a probate estate. The elaborate answer tells us how we get to that point and what you should expect.

• Before a will can be executed, probate must take place. This legal process begins once the deceased passes. This process encompasses several steps. The first step is verifying the deceased has a valid, authentic will. This is usually completed without difficulty. The will is filed, and the court can decide whether to put it into effect. The executor of the will is in charge of this process. Because most states have self-proving wills, no trial or evidence is required.
• Next, heirs and beneficiaries are notified. During this time, a will can be contested if parties believe it is invalid. If no issues are brought forth, identification and inventorying of the deceased individual’s belongings will begin. Assets are appraised, and debts are reported so that a final value can be attributed to the estate.

How Assets are Appraised

State probates use a date-of-death value to determine the deceased’s asset value. The court will require an all-inclusive list of the deceased’s property, paired with its date-of-death appraised value.

If a beneficiary sells any portion of their inheritance, that value is used to calculate the capital gains tax.

The Bill Collectors

Before the probate process can continue, all debts must be settled. This includes ongoing administration expenses for an estate or trust. These final bill collectors include federal and state estate tax returns and inheritance taxes. Estates typically cannot close when taxes are owed without written consent from a taxing authority.

The estate executors are required to inform all potential creditors. This generally means a newspaper notice must be made with instructions on how to claim the estate for debts owed. This notice must be in addition to notices sent out to debts of which the estate is aware.

Generally, three to nine months are given, depending on the state’s laws, for claims to be made. The estate is then given a chance to consider whether or not a claim should be paid. If a decision cannot be made, a court will intervene. If the courts intervene, additional inheritance delays will occur.

Distributing to the Beneficiaries

The final step in the probate process is the distribution of assets to beneficiaries. This step is deliberately placed at the end to ensure that all liabilities, such as unpaid bills, taxes, and debts, are fully resolved before transferring assets. Once the court files and approves the final petition, the estate’s assets are distributed by the terms outlined in the decedent’s will.

This careful sequencing helps protect executors or trustees from future liability related to unresolved claims.

Need Legal Help?

Delays in the probate process can occur for several reasons, including document verification issues, contested wills, or the complexity and size of the estate. Larger estates with more creditors and debts often face additional administrative hurdles, leading to extended timelines.

Working with an experienced probate law firm is essential to avoid delays and ensure a smooth process. Skilled legal guidance can streamline the filing process, resolve disputes efficiently, and expedite the distribution of assets. Whether your estate is simple or complex, the right legal support can help complete the probate process in as little as a few months or within a year.

If you reside in Ohio and need assistance, our team offers a free case evaluation to help you navigate this process effectively.