Q: Do I have rights as a beneficiary to recommend that the executor perform in a timely manner to close estate?

A: You for sure have rights in a probate. The executor should take actions at set times. For example they should file the final inventory and appraisal within 4 months of letters issuing. Next is they should file a final petition or a status report within one year of letters issuing. If they don’t you should talk to an attorney about filing to have the executor removed from power.

A: The law only requires that a probate be completed and the estate distributed within a "reasonable time". People often have differing opinions as to what is reasonable. A beneficiary such as yourself should be writing letters, certified make return receipt, every month or so demanding that the estate be closed and distributed. The purpose of sending the letters is to build a foundation for filing a court motion to compel distribution and/or to have the executor removed. You will most likely fare much better if you retain a probate lawyer to write letters, file a request for special notice with the court, and maybe do some other things depending upon the circumstances. Expect to pay a lawyer on an hourly fee basis to do these things for you.

A probate estate cannot be closed until all taxes are paid and until all creditors have been paid. There is a 4 month waiting period for creditors to be paid so the soonest closing cannot be until the 4 months have elapsed. A tax clearance from the state is needed as well so the decedent's 2017 return would have to be filed and the request for tax clearance can't be done until that is done. The state can take up to 60 days to issue the letter. Also, the executor has to prepare an estate inventory and get the probate referee to sign off which can sometimes take months depending upon the estate assets. In addition, a probate accounting must be prepared and filed unless all the beneficiaries waive an accounting. The accounting can be a laborious and time consuming task and most probate attorneys hire specialized accountants to prepare the inventory. It is not unusual for a probate to take a year or more from start to finish because of these factors and the nature and extent of the the probate estate assets. Generally, everyone hates probate because of the time delays and complications but the process can be speeded up if the executor is motivated and/or pushed. Nobody gets paid, including the executor and the estate attorney, until the court approves the final accounting and report and plan of distribution. Generally this factor gets the attorneys and executors to work on the probate and finish it. Good luck.