Why should probate last more than a year?

I've inherited my father's home after he passed a year ago now and it still isn't settled. What's the hold up?

You really should ask your lawyer for specifics, but some reasons would include that the courts have too large a case load, so they simply haven't gotten to it yet, your dad's creditors are fighting over how much they should get, someone's contested probate, or any number of other reasons.

Address this question with your attorney. Most courts have a specific time limit in which an inventory of the estate must be filed. It really depends a lot on the size of your father's estate. If it was particularly large, probate can take a lot of time, especially if they are contested in any way. All of these time limits are in the Probate Code of your particular states. On the other hand, if his estate was not that large, it's probably the attorney's fault for dragging his feet and for not getting the job done. Probates tend to be really low priority cases for most attorneys unless that's the only thing they do...

Start nagging the crap out of the attorney! Call him once a week and insist on talking to him. I sure hope you haven't paid him for this yet. If it's not too late, make his payment contingent on how fast he gets the job done.....

A year is a good rule of thumb. It provides members of a grieving family to opportunity to focus on the estate and away from the constant numbness of the death of the family member. There are tax returns to be filed. Including federal and state income tax forms for the year of the decedent's death. A year is not a undue amount of time in even a modest estate. Debts have to be paid and receivables have to be collected for you can have a final accounting. I think the executor would give you permission to move into the house if you plan to live. It is not a perfect system but U.S. property and tax law rules must be followed. For example, the estate has to pay off any mortgage on the home of your father. At least that is the law in our jurisdiction. Please do not think anyone is trying to steal from you. There is a lot paperwork with tax agencies and the probate court.

$$$$$
The longer they wait, the more the value of your inheritance,
and the more $$ they'll collectt in taxes, and fees!

bcuz it can