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Is there a statute of limitations for a probate case to close from the time it was opened?

Texarkana, AR |

I'm a beneficiary of a probate case that is approaching two years old. Is there a deadline the executor has to meet in order to close it or can he take longer than two years? I don't contest the Will, but do wish to file a claim as a creditor even though I'm a beneficiary. I also want to file a petition to remove the executor. The notice to creditors was not done until two months ago.

Attorney Answers 3

  1. Best answer

    In Arkansas, there is no deadline to close the Estate, as there maybe various reasons why the Estate is still opened (real property must be sold, creditor claims, tax issues, ect.). However, you only have 6 months to file a claim against the Estate after the date of first plublication. This is when the notice of the death of the individual is publiced in a paper of circulation in the county where the decedent died.

    Disclaimer: This answer is designed for general information only. The information presented on above should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

  2. You can certainly bring a complaint to remove a fiduciary, but I would first approach the current body in your state that oversees the probate process; in Virginia that would be the local Commissioner of Accounts assigned to supervise probate. Consult an experienced probate lawyer.

  3. There is usually no statutory time limit to close the case. But, there may be a limit on filing a claim. You should consult an attorney in the county where the case is being probated, that county should be at the top of any of the court papers that you have received. An attorney familiar with the probate process in that county would be able to look at the court file and possibly even contact the fiduciary's attorney to provide a solution in short order.

    If you choose, please select "helpful" or a "best" answer, below. LEGAL DISCLAIMER I am licensed to practice law in the State of Illinois and have an office in Kendall County, Illinois. However, I serve clients in many counties within the state of Illinois. My areas of practice involve Estate Planning (Trusts/Wills/Powers of Attorney/) and Probate, Business and Real Estate Counseling. Please take note that the above answer does not create an attorney/client relationship, and that all AVVO responses from both me and my attorney colleagues are for general legal education, only. Information obtained from AAVO or any other internet location should never be used as a substitute for competent legal advice from a licensed attorney that practices in your state. Please also be advised that the passage of time can often diminish the likelihood of success, and some matters will be barred by a Statute of Limitations. So, do not hesitate in seeking an attorney to specifically advise you. Finally, any reference to a specific law or theory of law is my best thought on the topic based upon a brief consideration of the topic, not a complete analysis of your specific situation. Best wishes as you seek resolution of your matter, and I hope you this answer helpful.

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