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How long can you keep an estate open after death?
In this article, you’ll learn about:
Let’s dig in.
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The average time that you can keep an estate open after death is 2 years.
94% of states allow an estate to stay open for 2 years after someone’s death.
But the executor or administrator can file extensions.
The courts will grant extensions for estates that need them.
But, what if the executor abuses the extensions?
The courts will either:
Technically, the executor can keep filing extensions.
And they can keep the estate open indefinitely after death.
This table shows how long you can keep an estate open after death in each state.
State | How Long To Probate A Will | How Long An Estate Can Stay Open |
---|---|---|
Alabama | 3 years | 2 years |
Alaska | 2 years | 2 years |
Arizona | 2 years | 2 years |
Arkansas | 3 years | 2 years |
Colorado | 3 years | 2 years |
Connecticut | 3 years | 3 years |
Delaware | 3 years | 2 years |
District of Columbia | 3 years | 2 years |
Florida | 2 years | 2 years |
Georgia | 4 years | 3 years |
Hawaii | 3 years | 2 years |
Idaho | 4 years | 1 year |
Illinois | 3 years | 2 years |
Indiana | 2 years | 2 years |
Iowa | 4 years | 2 years |
Kansas | 2 years | 2 years |
Kentucky | 3 years | 2 years |
Louisiana | 3 years | 1 year |
Maine | 3 years | 1 year |
Maryland | 3 years | 2 years |
Massachusetts | 3 years | 2 years |
Michigan | 3 years | 2 years |
Minnesota | 3 years | 2 years |
Mississippi | 4 years | 2 years |
Missouri | 3 years | 2 years |
Montana | 3 years | 2 years |
Nebraska | 3 years | 2 years |
Nevada | 2 years | 2 years |
New Hampshire | 3 years | 2 years |
New Jersey | 3 years | 2 years |
New Mexico | 3 years | 2 years |
New York | 3 years | 2 years |
North Carolina | 3 years | 2 years |
North Dakota | 3 years | 2 years |
Ohio | 3 years | 2 years |
Oklahoma | 3 years | 2 years |
Oregon | 3 years | 2 years |
Pennsylvania | 2 years | 2 years |
Rhode Island | 3 years | 2 years |
South Carolina | 3 years | 2 years |
South Dakota | 4 years | 2 years |
Tennessee | 4 years | 2 years |
Texas | 4 years | 2 years |
Utah | 3 years | 2 years |
Vermont | 3 years | 2 years |
Virginia | 4 years | 1 year |
Washington | 4 years | 2 years |
West Virginia | 3 years | 2 years |
Wisconsin | 4 years | 2 years |
Wyoming | 3 years | 2 years |
The time to probate a will can be longer than how long the estate can stay open after death.
The “time to probate a will” refers to how long a will remains valid.
A will becomes voided after a certain period of time if it’s not filed.
For example, in Georgia, a will gets voided if it’s not filed within 4 years.
And the estate will get distributed per intestate laws.
Keeping an estate open refers to the time between:
The executor or administrator of the estate is responsible for:
How long an estate stays open after death depends on:
Here are some examples:
Here are the common deadlines of an estate after someone’s death.
It’s important to file a will within 10-90 days after death.
(Assuming a valid will exists.)
Failure to file the will within 90 days may result in:
Intentionally hiding or ignoring a will is considered a criminal offense.
Read More: What Is The Punishment For Taking Money From A Deceased Account?
Executors usually have 30 days after a will is filed to initiate probate.
Let’s say the executor does not file a petition for probate within this timeframe.
Then any interested party to the estate can initiate probate, such as:
Just file a petition with the probate court in the county the deceased person lived in.
The court will then appoint an administrator to:
Read More: How Long Can A House Stay In A Deceased Person’s Name?
Creditors have 30 – 120 days to claim a debt against an estate after getting notice.
Executors need to contact anyone owed money by the deceased.
Creditors usually have 1-4 months to claim their debt.
Filing notice to creditors early can potentially leave more assets for beneficiaries.
Read More: How Long Does The Executor Have To Pay The Beneficiaries?
Executors should file a tax return on behalf of the deceased or estate.
This should get done by the following tax season to avoid:
File the tax return as soon as possible to prevent any unnecessary delays or issues.
Read More: How Long Does Money Have To Stay In An Estate Account
Probate takes 6 – 24 months to complete on average.
Here is a breakdown of how long each step of probate takes.
Stage of Probate Process | Estimated Timeframe |
---|---|
Filing the petition for probate | 1-6 months |
Inventory and appraisal | 2-4 months |
Notification of creditors | 2-6 months |
Payment of debts and taxes | 6-12 months |
Final distribution of assets | 12-24 months |
Here is a rough timeline of the probate process:
During the probate process, several things need to happen.
What happens during probate depends on the estate’s:
But the common things that happen during probate are:
The executor or administrator of the estate is responsible for these tasks.
They are appointed by the court to manage and distribute the assets.
And they must follow the will’s instructions or the state laws.
If an estate is not closed, it can cause a variety of issues and complications.
Some of the potential consequences include:
Risk of penalties: In some cases, failing to close an estate in a timely manner can result in penalties or fines from the court or government agencies.
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