Q: How long does an executor have to file and complete the paperwork for a will?
It will be 15 months in february and the the estate is not closed yet. How long does he have to complete this? He seems to be dragging it out because he doesn't have time to do it. Will he eventually get in trouble with the court?
A:
A beneficiary can request an accounting 15 months after the executor is appointed. The executor has 60 days to respond. If no distributions are made 24 months after the executor is appointed, a beneficiary can petition the court to remove the executor.
Please note that the executor must file the final income tax return. This cannot be done until the following year.
Tammy L. Wincott agrees with this answer
A:
Yes, after 15 months from the date of the probate hearing, any beneficiary can submit a demand for accounting to the executor. This demand is oftentimes prepared by a lawyer. Then, the executor has to respond with a line-by-line transaction list for the estate. Also, in the response, the executor must state the reasons that the estate should not be turned over to the beneficiaries right away.
The good news is that the cost to have a lawyer submit a demand for accounting is really low. Plus, my experience has been that a demand for accounting almost always gets the executor to wrap things up in a hurry.
Tammy L. Wincott agrees with this answer
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