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How long should an estate take to settle? Is there a phone number for PA that we can call to see why this is taking so long?

Waynesburg, PA |

Our Aunt passed January 19, 2012 she had a will, no valuables, a mobile home, car and contents of mobile home, savings and checking account. We filed everything with her attorney. How long should this take to settle? Can we call the PA state department and find out the holdup, the Attorney is of no help.

Attorney Answers 3


  1. Hello ...

    When was the Pennsylvania Inheritance Tax Return filed? ... that is not due until 9 months after the date of death ...

    Assuming it was filed timely (circa 10/19/12), it will take the Department of Revenue anywhere from 4-6 months to clear it ...

    I am sorry your attorney is not being helpful, but you don't explain why he is not being helpful ... I used the above 4-6 months as a very loose parameter ... it could take less or more time ... they audit all Inheritance Tax Returns in Pa ...

    There are many phone calls on the website to call the state departments, but they won't be able to tell you either because they don't know either ...

    I wish I could give you a better answer ... Have you talked to the Executor and/or what did the Attorney say when you asked him? ...

    Let me know and we can go from there ...

    Good luck

    John

    John B. Whalen, Jr., J.D., LL.M. is an AV Peer Review Attorney and Counselor at Law, is listed in The Bar Register of Preeminent Lawyers, is Avvo Rated 10.0 Superb, is a recipient of the Legum Magister (LL.M.) Post-Doctorate Degree in Taxation (from the Villanova University School of Law), and is a recipient of the American Jurisprudence Award in Wills, Trusts, and Estates (from the Widener University School of Law).

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  2. Mr. Whalen is correct. In the beginning of the estate administration process I tell all the beneficiaries not to expect the estate to be settled for 13-14 months, provided there are no complications. In some situations it may take longer.

    NOTE: Mr. Fischer is an attorney licensed to practice in Pennsylvania. He can be reached at 610-269-0900 Ext 2 or jgf@vflawoffice.com. This answer was prepared for educational purposes only. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. Frequently the question does not include significant and important facts and time lines that if known could significantly change the response. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.


  3. It is now unanimous from three PA estate attorneys. This is not too long a wait, but make sure the PA Inheritance Tax Return, Rev 1500 has in fact been timely filed.

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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