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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102514
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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if appointed executive of an estate how long do you have to

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if appointed executive of an estate how long do you have to get it done for probate?
Also if you have life residency can you rent the house out instead of staying in it?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

1) There is no "standard" time for probate. Since every case is different, it depends on the estate. For smaller and/or uncontested estates, the probate can take several months (5-6 is average). For larger and/or contested estates, it can take more than a year, since it essentially turns in a lawsuit.

The onus is on the executor to move as efficiently as possible. A beneficiary can file a motion to ask the Court to order the executor to speed things up, and/or be removed, if they do not, as relief if the estate is going too slow.

2) A life estate allows an individual to use the property as though it were theirs - for life. This means pretty much anything they wish to do with it as long as they (a) do not sell it and/or (b) commit waste (damage the property). As such, a life estater can indeed rent out the property and this is not uncommon. Unless the life estate deed instrument that grants the life estate specifically prohibits it (and this would be rare), it should not be an issue.

I hope this helps and clarifies. Best of luck.

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