It should only take a few days to file the petition for a hearing, but you do need to gather all of the necessary information to complete and sign the Petition for Probate and related forms. Sometimes there are necessary delays in locating all of the information needed for the Petition for Probate and locating the necessary persons who need to be served Notice of the Hearing for the Petition for Probate. The real delay is the time from filing the Petition for Probate and obtaining a hearing date. Each county differs as to how far out hearing dates are. Sometimes hearings can be as far out as 12 weeks. If there is a real urgent need for action on behalf of the estate, you should consider filing for Special Administration.
You mean there has been no petition for probate filed? It is a very simple 4 page document. Who is the proposed administrator? Whos is the closest next of kin? In CA if there is no will then priority igoes to the closest next of kin ie sppuse, children grandchildren The one with the priority should harire an attonrey and filee the petition If not then any interested person can file the petition for probate
I agree with my colleagues. This is not something that should take long at all. Because your summary indicates that you have an attorney, your attorney is the property person to address these questions to. I would highlight the issue with the checks and try to determine if there is anything holding this up.
*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.
Losing a loved one is a sad and difficult time for family, relatives, and friends. In addition, those left behind must often figure out how to transfer or inherit property from the person who has died.
To do this, you must usually go to court. And dealing with the courts and the property of someone who has died is very complicated. Sometimes, however, family or relatives may be able to transfer property from someone who has died without going to court. But it is not always easy to tell whether you need to go to court or qualify to use a different procedure.
This section will give you some general information to help you understand what your choices may be, but we still encourage you to talk to a lawyer to get specific answers about your situation. You can usually pay the lawyer’s fees from the property in the case.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.