Whether you’ve found yourself responsible for settling an estate for a loved one or if you’re looking to make plans regarding your future – we’re here to help. A commonly asked question is, “how long do you have to settle an estate in PA?” – most people asking this question have found themselves in charge of managing a loved one’s estate where there was little to no advanced planning.
Unfortunately, the answer to that question depends on their specific situation. Depending on the estate’s specifics and if any complications arise, the process can take anywhere from a few months to a few years. Continue reading to learn more about Probate, the possible factors determining how long it takes to settle an estate, and what you can expect during that process.
What is Probate?
Probate is a legal, court-supervised proceeding that involves settling a loved one’s estate. During this process, you can expect:
- The courts to review and authenticate the Last Will and Testament (if there’s none in place, the court will make all the estate decisions).
- Evaluate the estate assets for their total value.
- Pay all outstanding taxes and debts.
- Distribute the remaining assets to the beneficiaries.
Learn more about the Probate process from our article on common questions regarding Probate in PA.
5 Factors That Impact How Long It Takes to Settle an Estate in PA
As mentioned above, the length of time it takes to settle an estate in PA depends on several circumstances. Here are a few factors that could impact how quickly (or slowly) an estate is settled in PA.
The Number and Location of Beneficiaries Listed
Legal documents need to be mailed to and signed by every beneficiary listed in the Will. Therefore, the more beneficiaries listed and if they live out of state, the longer it could take for all documents to return to the courts.
If a Last Will and Testament Was Created
If your loved one didn’t create a Will, then the courts are responsible for making additional decisions regarding the estate. These decisions (which could have been made by the deceased) are now the court’s responsibility, resulting in a much longer process.
If There Are Any Complicated Assets
The more assets the deceased owns, the longer the Probate process. For instance, if there are several properties or investments, it’ll take longer for the courts to sort everything.
If a Will is Contested
If someone calls the validity of the Will into question, then the Probate process is delayed while the courts determine if the Will is valid. This can include someone claiming the Will was signed under duress, the potential for fraud, or the deceased wasn’t mentally capable of signing the Will.
If the Estate is Taxable
For any taxable estates, the process will take longer as you wait for a letter from the Internal Revenue Service regarding state and federal taxes.
How Long Do You Have to Settle an Estate in PA?
After reviewing the several items that impact the Probate process, the more straightforward estate, the faster it should be settled. Whereas the more complicated the estate, expect the Probate process to take one to two years to complete (even longer if the Will is contested).
How to Settle an Estate in PA?
Since PA has several Probate laws and a formal, court-proceeding process, settling an estate can quickly become a lengthy undertaking. Learn more about what to expect when settling an estate in PA. Additionally, read about PA’s inheritance tax and other laws regarding Probate.
Ask a PA Probate Attorney Your Questions
If you’re concerned about how to proceed with a loved one’s estate during Probate or you’re planning for the future, we can help. Contact our team to learn how the Auld Brothers Law Group can help you through Probate.