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November 20, 2006

Timeframes and Cook County Probate

Once a probate estate is opened, is there any timeframe for getting it closed?  Generally, the answer is no.  Each estate's timeframe is going to vary depending on whether there's litigation, whether an estate tax is due, and other similar factors.  Of course, judges LOVE to dispose of estates, and are always moving the attorneys toward the end of the process. The desire to wrap up estates has led the Cook County Probate Court to require a 14-month "checkup."  Essentially, when you open a probate estate in Cook County, you also have to set up a date -- approximately 14 months later -- on which the estate representative will (1) file a final report, (2) file an accounting, or (3) appear in court to explain why the estate is still open.  The hope is that this provision -- which is found in the court form for an order appointing an executor (paragraph 4), but which also applies in cases of intestacy -- will light a fire under estate representatives and their attorneys.

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Comments

Very interesting. Every county should have these procedures.

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