How long does the executor of a will have to file the will or have her/his lawyer file the will in the surrogate courts. Is he/she or the lawyer obligated to tell all parties how things are progressing?
-- Anonymous
A.
The answer to your first question depends on whether there is a probate estate to be administered. By that I mean there must be property of the deceased that was registered in her/his name or owned solely by that person before it becomes necessary to probate the will. If the estate consists of property that passes to beneficiaries outside the will, there may be no need to probate the will. The only cases where probating the will is necessary is where there is property that passes by will instead of by law. Life insurance and retirement plans with designated beneficiaries, joint accounts, and Totten trust accounts are all examples of property that passes outside the will.
Assuming that there is property that requires probating the will, the will should be filed as soon as possible after the person's death in order to get the executor appointed by the Surrogate's Court so that the executor has authority to deal with estate affairs. There may be a need for speed in probating the will if the estate has a large amount of marketable securities and the markets are declining. Under those circumstances the executor may want to sell the securities as quickly as possible.
You as a beneficiary of the will or other property have a right to be kept informed of the progress of estate administration. If you are not able to get any information about the estate from the executor, you have the right to ask the Surrogate's Court to order the executor to file an account of the estate's affairs. That will show what the estate has and whether there are any debts or other liabilities.
