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How does an executor have to disperse funds of an estate

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How long does my step brother have to disperse the assets of my mothers estate after he has told all of us that all of the money from the sale of everything is in. Can he disperse funds to the other beneficiaries with out dispersing it to me. How can I get an accounting of the estate. including
a copy of all checks he has written on or for the estate. If he is living in a different state then where the will was made does he have the right to keep the estate money in his own personal account.
First the executor must file the accounting and petition for final distribution, then he must mail notices to the beneficiaries 15 days before the hearing where the judge sign off the final distribution order. Once the judge signs off on the final distribution, the executor distributes the assets, files any property deeds, may pay the taxes before finalizing the closing the estate. This could take a process of 4 to 6 weeks.

Regarding dispersements. The executor must disperse all funds once the judge issues the order for final dispersement and before he closes the estate. Failure to disperse would be a violation of the executor's fiduciary duties.

Further as the executor must file the accounting, along with the receipts, you should be able to get a copy of that from the court once filed or ask the executor in writing.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. 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 it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 9 years ago.
Reply to LawNinvest's Post: I am sorry but I should have said that there was no probate, the estate was only worth about 60,000 dollars and there is no court involvement
Thank you for your response.

Can you clarify if there was a will?



Customer: replied 9 years ago.
yes there was a will
Thank you for your response. I am trying to get a clear picture here.

Can you tell me if the executor ever filed for probate or to dispense with probate? Or has he never done anything with probate?

Do you know what these assets are?
Could you also tell me how long ago the Testator died?
Customer: replied 9 years ago.
My mother died on Feb.14 2007. The estate was only worth about 60,000 dollars so there was no probate
Thank you for your response. Sorry for the delay as I was assisting another customer.

When there is a small estate, it is called a summary probate which as you said does not require probate. This means there is no need for formal accounting as their would be for a formal probate process. So the personal executor may have not prepared an accounting. In a summary probate, you have to wait 40 days after death to begin the collection and distribution of the estate. Since your mother died on February 14, 2007, the personal representative should have already been proactive in the distribution of the assets. Since he has not distributed your assets, then his duties are questionable. The law for formal probate requires that the estate be completed within 18 months, unless an extension is completed, however there is no specific provision when it comes to a summary probate, only that the administration of the assets begin after 40 days. You can read the summary probate process here.

Further as personal representative he can open a separate account to keep funds there for the estate, but he cannot commingle funds into his own personal account.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. 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 it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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