A: You'll likely have some time before you receive the funds. Depending on the complexity of the estate, the probate process, if applicable, generally takes at least six months to a year. And that's usually for the best, says Private Wealth Advisor Cheryl Smith.
Timeline for Settling Estates in California
The courts take steps to move the process along, and the executor of an estate generally has 12 months to complete the probate process and pay heirs or beneficiaries from the estate. This payout can only happen once all debts have been paid.
Assets distributed under a will are generally subject to probate, the court‑supervised process that allows any creditors to present claims against your estate and ensures proper distribution of your assets to your heirs. In some states, probate can be costly and time‑consuming.
Depending on your circumstances and what documents you already have it may take anywhere from a couple of weeks to a few months to finalise the estate, and we may also need information or instructions to be provided by multiple parties.
Complex estates, those with a lot of assets or assets that are complex or hard to value can take several years to settle. If an estate tax return is required, the estate might not be closed until the IRS indicates its acceptance of the estate tax return. That can take more than two years from the date the person died.
In general, there is no waiting period for beneficiaries to access the money; however, keep in mind that laws can vary by state and by bank. The documents a designated beneficiary generally will be required to present to the bank include: A valid government-issued ID.
Estate distributions usually come in the form of lump-sum payments. To make them, the personal representative will need to file a petition for final distribution with the court to obtain permission to distribute whatever assets are remaining in the estate to beneficiaries or heirs.
An insurance company usually takes several days to a month to process and pay out a life insurance claim. This is because the insurer must ensure the claim is valid, verify the death certificate, and confirm the beneficiaries' identities.
If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income.
After debts and taxes are paid, and if probate is closed (if the estate needed to go through the probate process), then you can distribute assets according to the deceased party's final wishes.
For the inheritance process to begin, a will must be submitted to probate. The probate court reviews the will, authorizes an executor and legally transfers assets to beneficiaries as outlined. Before the transfer, the executor will settle any of the deceased's remaining debts.
It can take up to a year for an inheritance to be fully sorted out. The person responsible for carrying out the wishes in a will is the executor. A lot of inheritances take the form of a property, such as the family home. A financial adviser can help ensure you put the assets received in an inheritance to good use.
By waiting ten months, the executor has the chance to see whether anyone is going to raise an objection. There are six months from the date of the Grant of Probate in which to commence a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Then a further four months in which to serve the claim.
Deposit the money into a safe account
Your first action to take when receiving a lump sum is to deposit the money into an FDIC-insured bank account. This will allow for safekeeping while you consider how to make the best use of your inheritance.
Spending all the estate assets can also lead to fines and repercussions for the estate if there is not enough money left to pay for important expenses like estate taxes and creditor debts. Fortunately, the law provides potential recourse for beneficiaries who have experienced theft at the hands of an estate executor.
Although the Pension Funds Act allows the trustees 12 months from the date of receiving notice of the member's death to find and pay beneficiaries, the fund will pay out the death benefit as soon as they have finalised the investigation.
Creditors usually will make informal claims on an estate, which you will receive as bills. You can pay these bills without taking any special steps, and you can leave any automatic deductions to pay bills intact. Occasionally, however, a creditor will make a formal claim during the probate process.
For instance, California probate code provides that beneficiaries of a trust must be notified by the trustee within 60 days of the trustor's death. California law provides less-specific deadlines for filing a Last Will and Testament for probate.
California executors generally have one year from their appointment as executor to settle an estate and distribute its assets, paying creditors and distributing assets among beneficiaries. Delays may arise, which could extend this timeline in complex estate situations.
Assets will not be distributed until certain administrative tasks are carried out, including filing of tax returns, drafting of an accounting, and providing notice to all beneficiaries. Some or all of the assets will often not be distributed until expenses of the trust are paid.
If you designate your estate as a beneficiary, the assets will have to pass through probate court and subject to a legal process that is often time-consuming and expensive. Probate increases the possibility that your assets won't be distributed according to your specific wishes.
Beneficiaries typically have to wait until the executor has determined that the estate has sufficient assets to pay creditors and taxes. However, if the estate is large enough and the jurisdiction's estate law allows it, the executor may be able to distribute assets before the probate process ends.
Typically it will take around 6 to 12 months for beneficiaries to start receiving their inheritance, but this varies depending on the complexity of the estate and possible delays at the Probate Registry, which have been widely reported in the media.