If there are two wills presented to the probate court, a judge will determine which is the valid will. Usually, it's a simple case of which is the most recent, but the court will also take into account the above scenarios to make sure, for example, that your loved one was in the right state of mind when writing it.
In general, beneficiaries are notified within three months of the date that the Will is filed with the probate court. Beneficiaries of a Trust document are notified much sooner. For instance, the California probate code provides that beneficiaries must be notified by the trustee within 60 days of the Trustor's death.
Estate administration is a legal process to settle the affairs of a person who passed away. Through this process, their debts are settled, and their assets are distributed. There may be other matters to resolve as well, such as who gets custody of their minor children.
A probate court monitors the probate process, which means the probate court can also have an executor removed. You can petition the court to have the executor removed, and once the old executor is removed, the court will find another representative to handle the estate.
Penalties for Failing to File a Will
An executor (or personal representative) has a fiduciary duty to the heirs of an estate. Failing to file a will with the court is not a criminal violation in most states. But the person could be sued by someone harmed by the inaction.
The answer would be the decedent's heirs, who may consist of their surviving spouse, children, grandchildren, parents, siblings, and nieces and nephews, among others. To put it simply, even when there is no will, the administrator does not have the authority to decide who gets what.
There's no standard deadline for paying beneficiaries of a will, but estates complete the probate process in six to nine months on average. Probate laws vary by state, and many states don't set a deadline at all for executors to pay the beneficiaries of a will.
Writing a will and naming beneficiaries are best practices that give you control over your estate. If you don't have a will, however, it's essential to understand what happens to your estate. Generally, the decedent's next of kin, or closest family member related by blood, is first in line to inherit property.
The executor or personal representative will contact each beneficiary. That is often done through written communication, such as a letter or email, providing details about the deceased's passing, their role as executor, and the beneficiary's rights and entitlements.
If you are the designated beneficiary on a deceased person's bank account, you typically can go to the bank immediately following their death to claim the asset. 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.
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.
Finding a will post-probate may reopen the estate, impacting asset distribution and potentially revoking initial probate. Lost wills need proof of authenticity; their discovery can prompt a revised probate process.
If a court finds that an individual is suffering from dementia, is under the influence of drugs or alcohol, or is incapable of understanding the document being executed for some other reason, the court may invalidate the will on the grounds that the individual does not have testamentary capacity.
If the estate does not have sufficient funds to fulfill these financial obligations, beneficiaries' inheritances could potentially be reduced or eliminated.
Legally, only the owner has legal access to the funds, even after death. A court must grant someone else the power to withdraw money and close the account.
Following the death of a worker beneficiary or other insured worker,1 Social Security makes a lump-sum death benefit payment of $255 to the eligible surviving spouse or, if there is no spouse, to eligible surviving dependent children.
In many traditions, there is a belief that the soul lingers on Earth for 40 days, engaging in a journey of purification, judgment, or preparation for its ultimate destination, which may be reincarnation, heaven, or another form of afterlife.
As the property of the estate and the claims against the estate are resolved, the fiduciaries will need to bring these records together and make a final accounting of everything that was done. Generally, probate rules require the preparation and filing of such accounting before the estate can be formally closed.
Q: Can an Executor Withhold Money From a Beneficiary in California? A: Executors do not have the authority to act outside the guidelines stipulated in the will. An executor cannot withhold money from a beneficiary unless they are directed to do so through a will or another court-enforceable document.
While executors have discretion in some areas, your core decision-making is bounded by: The deceased's will. You must follow their distribution wishes rather than diverging based on your own judgments.
While beneficiaries can often disagree with an executor's decisions, unless the executor clearly violates the terms of the will or breaches their fiduciary duty, there is typically nothing a beneficiary can do about it.
No. An executor of a will cannot take everything unless they are the will's sole beneficiary. An executor is a fiduciary to the estate beneficiaries, not necessarily a beneficiary. Serving as an executor only entitles someone to receive an executor fee.
State laws typically govern the specific timeframe for keeping an estate open after death, but the average is about two years. The duration an estate remains open depends on how fast it goes through the probate process, how quickly the executor can fulfill their responsibilities, and the complexity of the estate.