How long does an executer have to settle an estate?
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How long does an executer have to settle an estate?
My aunt in New Jersey passed last April. She left her estate including a property to me and my siblings. The property is still not up for sale. I feel that the executer is taking too long to settle the estate.
Asked on February 3, 2018 under Estate Planning, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There is no hard-and-fast timeline or deadline, and estates frequently take not just months, but years, to resolve. (For example: I am an attorney and had the help of local probate lawyer, too, and was also the only child and sole heir, so there was no issues about who got what, no need for discussions or negotiatons over what to do, etc., and was the executor as well,and it still took seven months to settle my father's modest estate.)
At some point, if and when you believe that there are no legitimate reasons for the delays and it simply has taken too long, you could bring an action (lawsuit) in the county court in which your aunt had lived seeking an "accounting": that is, to require the executor to account to the court for his or her actions. If the court agrees that the excutor is not fulfiling his/her respsonsibilities and/or acting improperly, the court could order him/her to do certain things (e.g. list real estate for sale) or even replace him/her as executor. If you want to explore this option, consult with a probate attorney.
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