Why Do You Have To Wait 6 Months After Probate?
Why do you have to wait six months after somebody passes away to distribute? The biggest reason is, well, there’s two big reasons. First, if you think you know, even if you do really think you know who their creditors were. Who they owed money to, the bills, medical expenses, credit cards, whatever. You weren’t living their life.
So it’s hard to know with absolute certainty, and even if you do know, it’s worth waiting that six months. It’s because when you or somebody passes away, you file a legal publication. Then, the notice cuts off anybody’s claim who might show up.
And honestly, sometimes you might strategically just get a windfall there. Some credit card companies forget to file the claim within that window. Great, you don’t have to pay for it. So, wait six months. File the legal notice and wait for the time period. That’s the first reason.
The second reason is because that’s the time period for somebody to crawl out of the woodwork and challenge things. So I get we don’t want that to happen. But if it’s ever going to happen. You want to be able to sort of flesh it out right in the beginning. Before the money is all distributed. So you file the legal notices.
And tell the whole world that if you claim to be a long-lost heir of my mom, my dad, or whoever passed away. Then, this is your time. It is the only time you can step forward and present that claim. If you step forward in a year or two or five years and present that claim, we can say it’s too bad, so sad.
We’ve had cases where people come to us and say; I just found out my uncle died four years ago. He told me I was a beneficiary of the state. No one ever told me. What can I do? If they didn’t do things the right way, they can still cause a problem. They come back into the estate. So wait six months.
Summary
The six-month waiting time after a person’s death before estate distribution has two main reasons. First, clarifying creditors’ claims takes time. It is since you, the individual, were unaware of their lives. Waiting allows claims after legal notices end claimability. Additionally, this deadline enables potential beneficiaries to oppose the matter. It ensures legal fairness complications and reduces unexpected situations.
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