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NOT LEGAL ADVICE!
NOT LEGAL ADVICE!, FOR ENTERTAINMENT ONLY
Category: Legal
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Experience:  Information provided is for entertainment puposes only and is NOT legal advice.
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how long after a death should a will be read and does

Resolved Question:

how long after a death should a will be read? and does the executor of estate have the right to refuse the other siblings the right to see the will?
Submitted: 7 years ago.
Category: Legal
Expert:  NOT LEGAL ADVICE! replied 7 years ago.

Hello and welcome to Just Answer.

There is no strict rule about the length of time an executor is allowed to complete the their duties. It all depends on the complexity of the estate. In most cases, one year is considered a reasonable period of time. The longer the executor does take, the more likely it is that the beneficiaries will complain. They may apply to the Probate Court for an order compelling the executor to carry out their duties on a timely basis. Also, the beneficiaries may request to see the will.

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Disclaimer: Any information given by me is for informational use only and is not legal advice. This is general information and is not intended to be specifically tailored to an individual. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. Persons accessing this response are encouraged to seek legal counsel in their jurisdiction for accurate guidance regarding their individual circumstances.

NOT LEGAL ADVICE!, FOR ENTERTAINMENT ONLY
Category: Legal
Satisfied Customers: 2201
Experience: Information provided is for entertainment puposes only and is NOT legal advice.
NOT LEGAL ADVICE! and 18 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
there are 4 children the 3 older ones don`t know if they are beneficiaries or not youngest one is executor there is 100 acre farm which youngest is living on and cash which she is living on we don`t know what to do
Expert:  NOT LEGAL ADVICE! replied 7 years ago.

Thank you for the additional information. Missouri statutes require the probate of a will within one year of death. At a later date the will is void and Missouri statutes distribute the property. I recommend that you contact probate court. These are the steps to probate administration in Missouri:

1. Initiation of the estate
2. Management of the estate and
3. Formal reports to the probate court

BASIC OUTLINE OF A DECEDENT'S ESTATE

1. Initiation of the Estate (about 2 months)

A. File all existing wills and codicils of the decedent in the probate court of the county of last residence,
B. Witnesses verify the will as authentic.
C. The personal representative files a petition to serve. (This petition gives information on all intestate and testate heirs.)
D. Heirs under the will and under state statute receive notice of the estate.
E. Newspaper publishes a notice of the petition.
F. The probate court grants authority to act as personal representative. The estate pays the representative's fidelity bond if it is not waived in the will.
G. The personal representative files the inventory of estate assets.

2. Management of the Estate

A. Open a checking account for the estate to receive income and pay expenses.
B. Receive estate income and pay estate debts including claims filed against the state.
C. Collect receipts marked "paid" for each expense paid.
D. Adjustment of government benefits.
E. Adjustments with creditors.

3. Formal Reports to the Probate Court

A. Annual statement of receipts and disbursements and balancing of the estate's financial records.
B. Petitions to the probate court for special authority.
1. Sale of personal property
2. Sale of real estate
3. Partial distribution of assets
4. Authority to bring suit in name of the estate
C. Appraisal of real estate and business interests.
D. Payment of federal estate tax.
E. Newspaper publishes notice of the final accounting.
F. Final accounting and balancing of financial records.
G. Petition for approval of final asset distribution.
H. Filing of final receipts and discharge of personal representative.

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