Q: If a will hasn’t gone through probate ad the house was sold month ago when do beneficiary get their share

A: Beneficiaries may need to wait until the probate process is completed before they can receive their share of the proceeds from the sale of the house. You should speak with local counsel regarding your rights. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

A: If a will has not gone through probate and a house that was part of the estate was sold a month ago, there are a few factors that determine when the beneficiaries would receive their share:

- Who sold the house? If it was sold by the executor without going through formal probate court, they should distribute the sale proceeds to the beneficiaries soon after closing, within a couple months at most.

- If someone other than the executor sold the house without probate approval, it complicates things. The beneficiaries could take legal action against that person to account for and distribute the sale proceeds.

- Until probate is formally opened and an executor legally appointed, no one technically has legal authority to sell assets of the estate. So that sale could potentially face legal challenges.

- Once probate is opened, the court-appointed estate administrator would retake control of any improperly sold assets or distributed proceeds. Sale proceeds and all other assets get collected, debts are paid, then distribution happens.

So in summary - if the sale was done improperly before probate, distribution could be delayed until the estate is probated properly. If the executor sold assets in good faith, distribution should happen shortly after. But opening probate is important to get a clear legal framework for asset control and distribution. This can take months. Beneficiaries should consider consulting a probate attorney to understand their rights in this scenario.