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Q: How Long Does an Executor Have to Distribute Assets From a Will? A: Dear Waiting: In most states, a will must be executed within three years of a person's death.
Unfortunately, there is not much you can do if the person will not agree to settle or sell the home. There may be other legal tactics you can do, but generally, if the property must get sold (or you want to sell the home) and the other heirs do not, then a partition action may be your only option.
The term refers to the distribution of the estate's final assets, which typically means that the Executor has run out of things to do.
If no backup executor was selected by the deceased person, the court will appoint someone who is appropriate. Usually, this is another close relative of the individual who has passed away. The appointed person will be called a personal administrator or an estate administrator in these situations.
The Mississippi small estate affidavit may be used by an heir or successor when the decedent's estate (the person who died) left $75,000 or less in probate-able personal property.
The Estate Settlement website suggests a nine-month time line from reading the will to closing the estate. During this time, the executor must notify heirs, banks, the Social Security Administration, creditors and others of the death.
A simple estate with just a few, easy-to-find assets may be all wrapped up in six to eight months. A more complicated affair may take three years or more to fully settle.
If no one moves to open or settle an estate, all assets in the estate could be lost, instead of being distributed to loved ones or other beneficiaries. Probate is not an automatic process. When a loved one dies, a family member or other interested party must petition the probate court to open an estate.
An executor acts until the estate administration is completed or if they resign, die or are removed for cause.