Waiting period for probate to finalize

Asked 11 months ago - Spokane, WA

Is the waiting period for probate to be finalized from the date of print in news paper or from notice to creditors?

Attorney answers (4)

  1. Andrekita Silva

    Contributor Level 11

    4

    Lawyers agree

    Answered . Claims are barred four months after the date of the first publication notice. However, if a creditor was reasonably ascertainable, then that creditor must receive actual notice. A creditor that was reasonably ascertainable has 30 days from the date of receiving actual notice or four months from the date of the first publication notice, whichever is later, to file a claim.

    So, although the waiting period is 4 months, if a reasonable ascertainable creditor received late notice, that would potentially lengthen the waiting period another 30 days.

  2. Justin Eric Elder

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . In addition to my colleagues' answers, I'd just like to add that just because the creditors' claim period is over does not mean that all the business of a probate is finished. That depends entirely on what else there is to do.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client... more
  3. Jennifer L King

    Contributor Level 8

    2

    Lawyers agree

    Answered . Ms. Silva has given a very accurate summary of the creditor claim timeframe, etc., which is the question you asked. Mr. Elder, however, correctly notes that there are many other factors involved in the timeframe for the completion of a probate. Sometimes the estate can be open for years, depending on the situation. I think the "winner" I've seen in my career is almost sixteen years. That case involved the need to pay estate tax in installments and to sell many, many pieces of real property.

  4. Elizabeth Rankin Powell

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The Notice to Creditors has to be available for four months. Then the estate can be closed.

    Using Avvo does not form an attorney client relationship.

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