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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37105
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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How long does it take to disburse funds from a will?

Customer Question

I am listed in a will to receive funds. The death was June 30th of last year. I am in the state of Virginia and was wondering what the timeline was for disbursement of funds and other probate assets due to me? The attorney handling the estate will not return calls.
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.
Do you know when a probate case was filed to settle the estate?
Have you contacted the executor of the estate for an update?
Customer: replied 11 months ago.
it was probated on August 25, 2015. The notification letter from the attorney stated that the named executor did not presently plan to qualify as executor.
Expert:  Barrister replied 11 months ago.
Ok, that means that the person named in a will to be executor doesn't want the job... So was an alternate executor appointed and if so, have you contacted them for an update?
Customer: replied 11 months ago.
there appears to be a successor Executor, though I do not know the person named. If I cannot locate him, and the attorney continues to avoid my calls, what is my next step?
Expert:  Barrister replied 11 months ago.
Ok, there is a 6 month mandatory creditor claims period in VA for any creditors to file claims against the estate. That would have expired in Feb of 2016.
So unless this is a very complicated estate, then the executor should be close to finalizing it and getting any tax clearances from the IRS so they can then disburse funds.
I would suggest contacting the local probate court to get his contact info as they will have his address, name, and probably phone number. Then you contact him directly with a certified letter requesting a status update for the estate.
You can also contact the probate court and ask them to let you know what the last thing was that was filed in the case. It should be the petition, then an inventory of assets, then any permissions to sell assets if required, then any tax clearances, then an accounting, and then things should be ready to disburse.
But about a year is typical for an estate due to the long 6 month creditor claims period and the time it takes to get IRS tax clearances after taxes are filed.
The attorney isn't going to respond to you because you aren't his client, the estate is, so I wouldn't expect a call back from him.
Customer: replied 11 months ago.
Appreciate the assistance.
Expert:  Barrister replied 11 months ago.
contact the local probate court and explain how you aren't getting any info and need their help. Most times if you are nice to them, the clerks will try to help you out and get you the info you need..
If it looks like the executor is dragging their heels, you can have a local attorney file a "motion to compel" that will force them to come to court and explain to the judge what the hold up is..

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