Legal Question in Wills and Trusts in California

Inheritance release to heirs

What is the time frame for the inheritance to be released to the heirs of the will? Is the a specific time frame?


Asked on 2/04/01, 9:06 am

1 Answer from Attorneys

Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: Inheritance release to heirs

There is no specific time frame for the payment to heirs under a will that is being probated (which I assume is the case here). It very much depends on the size and nature of the estate. For example, if a home or real estate must be sold or distributed - that will certainly take longer than distributions of cash or securities. However, my general experience in New York and New Jersey is that a partial distribution is often made in approximately 4 months. However, the final distributions (which finally close out the estate) generally come after 13 to 18 months. This is because Federal Estate Tax must be paid, State Death Tax must be paid and approved by the State, Final Estate Income Taxes must be paid and all legal, administrative and general expenses must be met. In order to do this, the Executor and his/her attorneys must retain adequate funds in the estate account until the very end (again, usually 1 - 1 1/2 years).

However, please keep in mind that I am speaking very generally. Estates vary widely in size and complexity. Some may take a much longer time to complete.

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Answered on 3/19/01, 4:47 pm


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