Probate seems to be a long and drawn-out process, and it certainly can be that way. However, probate also has strict deadlines that must be followed in order to avoid delays in the process. Here are some general timelines for events in filing a probate case:
The executor will begin the probate process by filing the will with the court. They have 30 days after the death to file the risk, or else they risk losing the right to act as the executor. When opening the probate case, the executor will need to file certain documents with the court asking to be appointed as the representative. The court will look to see if the will meets the basic requirements in order to be admitted.
If someone wishes to contest the will, they have up to six months from the date that the will is admitted to file a case. The time period allows them some room to develop their grounds for challenging the will.
Creditors have their own timeline to follow in a probate case. They have the right to file claims against the estate for debts that are owed to them. Creditors have two years to file a claim against the estate, but that period will be shortened if the executor sends notice of the probate proceeding. Then, they will only have three months to file their own claim. An experienced estate planning attorney can keep you apprised of all deadlines that apply.
Contact a Lincolnshire Estate Planning Lawyer
The law firm of Chuck Newland & Associates can help with all of your estate planning needs. Contact us online or call us at 847.797.9300 to set up a time to talk. We can make your life easier during a difficult time.