• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

closing estate court date in March, not ready

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jacobus

Junior Member
What is the name of your state (only U.S. law)? Illinois

Hi, we have the court date in March to close the estate, but we are nowhere ready. I think the lawyer told me that the judge will most likely give us an extension?, is that true. I know I could simply just call the lawyer, but damn this is so stressful for me. I am the administrator and I have received very little help from my siblings to clear out the house, etc, and it's just been too much.

Does anyone know what will happen at court if we are not ready?

Thanks.
 


justalayman

Senior Member
the judge doesn't just close the probate. There are activities that must be complete before it can be close.


a judge closing probate is not a judge going; it is completed.

It is a judge asking; is it completed? If so, the case is closed.

probate is performed under the review of a court. It is not directed by the court.

Now, with that in mind, if probate has taken an excessive amount of time, a judge can demand explanation why it is not ready to finalize. The judge would review the situation and either extend the time or possibly order something be done or even the executor be replaced in extreme situations.

why was the date scheduled at all if the activities were not such it is ready to be closed?
 

jacobus

Junior Member
oh then perhaps I am wrong... perhaps the lawyer will extend the date then to go to court.

The house is not ready to be sold, we're still cleaning it out, hard task... emotionally as well as physically.

I guess I should call the lawyer on Monday and tell them I doubt the house will be ready to be sold by March :(

I just remember the lawyer telling me if we need more time, the judges will usually allow it... so I thought it's the judge who makes the decision to extend the probate.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top