Q: How soon does the probate process start after the person's death? Can we stall?
A: I recommend that a succession be opened as soon as possible, whether there is a Will to probate or not. Waiting to open a succession rarely improves the issues that may be facing a family. having the Will probated (acknowledged by the court) and having the executor or administrator appointed early prevents many problems such as dealing with creditors, obtaining access to bank accounts and other financial investments, securing property and obtaining appropriate authority to begin identifying assets and debts and contacting heirs and legatees.
A: While there is no legal requirement to open succession within a certain timeframe, sooner is always better for coordinating heirs, accessing documents and obtaining information for the succession, and for reduced costs and timeline.
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