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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33713
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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How should it take to take possession of a car i inherited

Customer Question

How long should it take to take possession of a car i inherited and how do i know if the attorney has submitted the will to the court.
Submitted: 1 month ago.
Category: Estate Law
Expert:  Barrister replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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The way that a probate case works is the person named as executor of the estate files a petition for probate and is then appointed as executor of the estate by a probate court judge. They then have the legal authority to take possession of the assets of the estate and settle it.

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But no assets are distribute to any heirs until all debts and taxes are paid and the required "creditor claims" period has expired. In OR, that period is 4 months as set by law. So it would likely be at least 6 months before an executor would disburse assets.

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As for checking on probate, these are public proceedings so you can just call the local probate court in the county where the deceased lived to see if a probate case has been filed in their name.

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thanks

Barrister

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