• 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.

How long should a non-contested estate take to settle?

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



What is the name of your state? Illinois

My mother passed away September 2000. She was worth seven figures, had a will spelling out clearly where everything should go and none of the heirs are contesting the will. Her home was sold early in 2001. Estate taxes were paid to the IRS in December 2001. Still nothing has been disbursed. She lived in Illinois.

Attorney's office (Rupp & Youman) rarely returns phone calls and when they do they just say that it must be tied up with the IRS with no follow-up
This seems very fishy to me. Any experts out there?

Dandy Don

Senior Member
Go to the county courthouse probate court and look at the probate file to see what financial documentation is in there about how the estate is being handled and whether any documents have recently been filed in the file.

There is no doubt that this is shoddy treatment by the Rupp & Youman office (are they the executors for this estate?). At the very least, they owe you a more specific explanation of the reason for the delay. It is not fishy for the estate to be held up--if there is some type of review required by IRS, they frequently take there time in making a decision, so the explanation could be reasonable, except that they need to provide you with more details. Ask them for the address of the IRS office that is reviewing the estate, ask them what specific forms are being reviewed or essentially what type of specific matters are they reviewing about the estate and what time frame did they say a decision would be made in, and get the name of the person at the IRS that is reviewing the situation. If they can't give you a reasonable explanation as to when the estate is going to be divided, then you and a few of the other heirs should file a complaint with the State Bar Association.

You deserve better answers than you have been getting.


Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential