3 replies to this topic

[NJCD1234]

Both of my parents passed away within days of each other in 2011 - No will - my brother was the exec.
Still living in the house and has not probated. How long do we have to do this?

[harrylime]

Since there is no will, there is no strict time limit. (If I remember correctly, the maximum time in Ohio to submit a will for probate is 20 years, but the court can waive that.)

Both of my parents passed away within days of each other in 2011 - No will - my brother was the exec.
Still living in the house and has not probated.

There is a contradiction in your statement. If probate was not opened, then your brother was not the "exec." And, if there is no will, then he could not have even been nominated to serve as executor. The executor is appointed by the court when probate is opened. (When there is no will, the position is usually called Administrator.)

While there may be no time limit, the longer that you wait to open probate and administer your parents' estates, the messier things tend to become. Since there is no will, you have an equal right to apply to the court to become administrator of the estates. I would suggest that you contact a local probate attorney and get the probate process started.

[FindLaw_AHK]

I agree with the previous poster, you may want to consult with a local Probate & Estate Administration Lawyer. I also suggest you visit the Estate Planning Center and read Probate as a good resource to learn more about this subject matter.

[Fallen]

Your post's title talks about probating a will, but you say there was no will. I presume you mean how long does it "have" to take to probate your parents' estates.

"Both of my parents passed away within days of each other in 2011 ...."

How many days may matter somewhat in terms of whether the last to die "survived" the first, and may have some effect on how assets they each owned passed if not held as joint tenants w/ right of survivorship.

"Still living in the house and has not probated. How long do we have to do this?

Unclear what you mean by "this" and what you mean by "brother was exec." (do you mean appointed administrator of estate)? It can go on as long as you do not bother to seek counsel and ask the court to address (or remove brother as "exec.").

While I presume your brother decided to file intestacy/died without will paperwork and asked to be appointed administrator of your parents' estates, I gather you didn't have grounds to object to his being appointed (say, he's not a felon that engaged in financial crimes, or is clearly established as utterly irresponsible with money). Please seek local estate-probate counsel; sounds like brother will do nothing as long as you let him (and you're making the mistake of thinking the court's job is to push this along).