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.
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.
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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.
Estate Planning Attorney
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.
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