How many years can an estate probate stay open?
How many years can an estate probate stay open?
If you die without a will, or even if you have one but it's not executed properly, an estate probate may need to be opened in order to settle your final affairs. The estate probate process can be long and complicated, so it's important to know what to expect and how long things might take.
A probate can only remain open for a certain amount of time before it needs to be closed. The length of time is different depending on the state; however, most states have a limit of 3-5 years that the probate needs to remain open. If the date from which the five years are calculated is after the date of death, then there is usually some sort of penalty for keeping the estate open past that period.
One reason why an estate probate may remain open for longer than 5 years is if there is litigation involved. Litigation can add more time onto the process because depositions need to be taken and discovery needs to be done. This means that if a beneficiary or heir files a claim against the estate, then this could delay the closing of an estate probate. In general, however, most estates can close within 5 years unless there are extenuating circumstances such as litigation or lack of cooperation from beneficiaries or heirs.
The main reason people are often confused about the number of years an estate can be probated is because they've never had to deal with it before. Most people don't have a need to know how long an estate will stay open. The only time most people think about a probate is when someone dies, and then there are plenty of other things to worry about, such as funeral and burial costs, legal fees, and the need for grief counseling.
If you have any questions or in need a Will and Estate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
