Q: What happens to a probate case when Administrator not willing to comply in timely manner.LIKE opening court bank account
Basically the Administrator is not going over to bank to open up the court appointed bank account where funds from sale of a home will be deposited. Time is running out now. And there is a son who was Administrator initially but was taken out because he not honest. So he was removed. Now this new Administrator not complying not opening the account needed to transfer funds. What happens when time runs out?
A: There isn't a time that runs out on a probate case. But the administrator should be complying with his duties in the best interest of the heirs of the estate. If he's not doing his job, you can have him removed.
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A:
Dear Los Angeles:
I take your facts to be that escrow will close on the sale of the house but an account to receive the sales proceeds has not been opened in the name of the estate.
If there are no other assets other than the house, the Administrator may be waiting until he gets a check for the sales proceeds from the title company to open the account. However, many banks will allow administrator to open an account with as little as $1.00 when additional funds are expected within a short period.
But, if there are other estate cash assets, I would wonder why the account was not opened.
It is true that there are very few specified time periods in probate fro completion of tasks, but the general rule is that the Administrator must act with reasonable diligence. One rule that does exist is that the Administrator must be in a position to close the estate and distribute within one year of the issuance of letters, unless the estate contains real property in which case it is 18 months from issuance of letters.
If the Administrator cannot meet this deadline, they must provide an accounting and report to the court and explain the delay.
You should consider speaking with an attorney about representing you as a beneficiary. The attorney would be able to review the administration and let you know if anything is off. This is particularly true of the administrator is not represented by an attorney. (Although, just because the administrator has an attorney does not mean that everything is being done property.)
If you do not know where to find an attorney, you may try your local county bar association attorney referral service. Most counties operate a referral service that matches you with an attorney in your area of need who provides a consultation for a small or no fee.
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