How Long Does It Take To Receive Inheritance From a Will? Your Answers
Dave Moore - October 11, 2024
If a loved one has recently passed, you may be wondering how long it will take for their will to be handled and for you to potentially receive an inheritance.
Unfortunately, this process can be lengthy, as settling the deceased’s estate and distributing assets can often be a time-consuming process. This process is made longer by any potential disputes over the will or complexities with the deceased’s estate.
Our article tells you what you need to know about a loved one’s will including how long it might take to receive any inheritance you are entitled to.
What Is the Role of an Executor?
The executor of a will is the person who has been designated to handle all of the affairs that a person lists in their will or estate plan. Generally, the person writing the will asks someone to be the executor, and then the executor’s identity will be included in the will.
If the person writing the will does not have a designated executor, the court will appoint a personal representative to organize the affairs of the will and ensure inheritances are distributed. Typically, the personal representative with be a surviving spouse or child of the deceased.
Are You Informed if You Are in Someone’s Will?
In general, unless the person writing the will tells you ahead of time, you will not be informed that you are a beneficiary of a will until the person passes.
The executor of the will sends out notifications to beneficiaries upon handling the affairs of the deceased. This is when you may be asked to provide your identity and learn more about the assets potentially being distributed to you.
What Happens to a Will When a Person Passes?
When a person passes, there are a set of steps that need to be taken for the will to be verified and for the distribution of assets and property to be completed. In general, the steps after a person passes include:
- A death certificate is taken to court; the executor of the will, an estate attorney, or a family member can do this
- The will of the person who passed must be filed within 30 days of their passing with the court
- The court will examine the will and ensure it is legally valid, and they will then appoint a representative or let the designated executor of the will collect the document
- The executor of the will takes inventory of all of the assets of the deceased and reaches out to beneficiaries and creditors
- The executor pays debts that the deceased may have left behind and then distributes assets to beneficiaries, including inheritances and property
This process can be lengthy, especially if there are disputes about who receives which asset, or if the court needs to designate a personal representative. An estate attorney can answer your questions about this process if you have concerns.
How Long Does It Take To Receive Inheritance From a Will?
How long it takes to receive an inheritance from a will depends on a few different factors. These might include the complexity of the deceased’s estate, state regulations, and laws, and any potential disputes or legal issues with the will.
Once the process of reviewing the will and informing beneficiaries has started, you can expect to wait between six months to a year to receive your inheritance.
In cases where a will or estate is very difficult to divide, or there are legal issues with the deceased’s will, you may end up waiting up to two years to receive any inheritance you are entitled to.
Do I Need to Verify My Identity to Receive an Inheritance?
You will need to verify your identity officially to receive your inheritance, as this is an important part of the distribution process.
In most states, verifying your identity involves submitting a copy of your ID cards, such as a driver’s license or passport photo page, along with your contact information. This information will be compared to the name and personal details listed in your loved one’s will in order to confirm that you are the person to who the inheritance belongs.
Sometimes, identity verification is the longest part of inheritance distribution. It’s important that you follow all rules and requests from the executor of the will or a lawyer to ensure that the process goes smoothly.
What If I Don’t Receive My Inheritance?
It’s important to note that it can take several months to a year or two to receive an inheritance, depending on the complexity of a will or estate plan and any potential disputes that arise.
You should keep informed of the executor’s process with the will. You may need to contact the state or probate court in your jurisdiction to learn more about any regulations or requirements that are slowing down the distribution of assets.
If you have not received your inheritance after a significant amount of time, you may need to hire a lawyer to contact the executor of the will and get to the bottom of the matter.
Do I Need a Lawyer to Help Me With a Will?
If you are trying to create your own will or estate plan, or if you are trying to understand a loved one’s will, you may need a lawyer to help you ensure that your legal documents are valid.
Lawyers can help you draft wills and estate plans while keeping state laws and regulations in mind, something that makes it much more likely for any will to be honored after you pass. For many people, this is especially important, as they want to be sure of what happens to their properties and assets after they pass.
If you are the executor of a will, you may need to contact a lawyer to help you with finalizing your loved one’s estate. You might need to work with the lawyer who helped your loved one draft their will to ensure that the document is properly honored. In the case that there is a dispute over the will’s contents, a lawyer can help mediate.
Will I Get an Inheritance Even Without a Will?
Even if your loved one does not create an official will and estate plan before passing, you may still be able to receive an inheritance. A common misconception is that your loved one’s property and assets will be acquired by the state, and you will not be able to access them or obtain them. This is untrue, and your state will generally not acquire any of your loved one’s items.
In general, most states will have a basic set of guidelines for what happens to someone’s property and assets after they pass in the case that a will is not available.
Under these guidelines, you may or may not be entitled to part of the assets and property that your loved one left behind. You will need to speak with the designated representative of the estate, which tends to be a surviving spouse, and then a child if a spouse is not available.
Handling Your Loved One’s Affairs
Dealing with the passing of a loved one can be stressful, and the division of assets is a huge part of settling your loved one’s affairs. If your loved one had a will in place before they passed, this will determine how their assets are distributed and whether or not inheritances will be given out to those named in the will.
If you have any concerns or questions about your loved one’s will or the distribution of assets, you should speak to the executor of the will or reach out to a lawyer with your concerns.