How Long Does It Normally Take To Receive Your Inheritance?​

Published Aug. 7, 2018 

Reading Time: 4 minutes

Written by: The Zoe Team

 How long does it normally take to receive your inheritance? It varies between situations. There are many legal factors around estate planning.

Receiving an inheritance from a loved one is often overwhelming. Amid the mourning and feeling of loss you may be going through, the legal and financial complexities may aggravate the situation. A little clarity can go a long way in getting the peace of mind you need. 

How Long Does It Normally Take To Receive Your Inheritance?

 It varies greatly between situations. A major contributing factor is the legal form that your inheritance takes. Depending on how the deceased planned their estate, it may:

  1. Pass through a will
  2. Pass-through rules pre-determined by the state if there is no will
  3. Pass through the rules governing the particular asset or account itself

How Long Until I Receive My Inheritance If There Is a Will?

A will is a legal document created by the deceased before death. It includes their intentions for how they wish their assets to be distributed after death. For a will to be valid, it needs to meet the legal requirements as set by the state governing it and will go through a process (probate). This probate is intended to determine the will’s authenticity, requirements, and instructions for the distribution of assets.

During this time the assets will generally not be accessible or usable. Exceptions are made in certain cases by the immediate possessory. The possessor is the person(s) with the right to immediate use and occupancy of the property. For example, the deceased’s house may continue to be occupied by the family that was living there at the time of death.

How Long Until I Receive My Inheritance If There Is No Will?

If the deceased did not have a will then the deceased’s assets will go through the intestate probate process. This probate process means the court will rely on the state’s default rules to distribute the assets. It will use a methodical public process to determine all potential family members. In doing so, they will distribute the assets. 

Probate usually takes at least six to nine months to settle. If there are significant challenges or uncertainties, then the probate process could take significantly longer due to litigation and investigation.

You will notice that the time frame for will versus no will is more or less the same. This is because in both situations the court needs to first catalog all of the assets in the deceased’s estate. It will also allow time for challenges, before distribution.

What are Faster Options For Receiving an Inheritance?

One way of avoiding the probate process and reducing both time and potential legal challenges is through property rules governing the asset itself. Often property can be written so that it will pass automatically to a chosen beneficiary upon death. This can happen with a bank account or life insurance. These methods normally mean that the inheritance will be distributed instantly upon providing proof of death to the entity controlling the asset.

Understanding Inheritances: Jointly Held Property

Certain jointly held property can be designed so that the joint owner’s interest will pass to the other joint owner upon death, rather than passing on to another heir.

Understanding Inheritances: Trusts 

Trusts are a common estate planning tool. A trust is an independent legal entity with designated beneficiaries. Trusts usually derive the income they payout from a core asset base from the deceased’s estate. The trust’s asset base is then managed by a trustee. This trustee is either appointed by the deceased or by the court.

The benefits of creating specific rules to govern a particular piece of property include significant savings in time and legal complexity when distributing one’s assets after death. Disadvantages include that these property rules are often difficult to change and they can be complicated and expensive to set up.

The Process for Receiving an Inheritance Varies

The form of your inheritance will dictate how long or complicated the process is. The process might also extend significantly if there are legal challenges by others who claim the asset or if the deceased’s documents are ambiguous. 

Be sure to seek legal counsel and financial planning advice to help you understand how to navigate the estate planning process both before and after death so as to minimize the associated delays and complications.

Disclosure: This material provided by Zoe Financial is for informational purposes only.  It is not intended to serve as a substitute for personalized investment advice or as a recommendation or solicitation of any particular security, strategy or investment product. Nothing in these materials is intended to serve as personalized tax and/or investment advice since the availability and effectiveness of any strategy is dependent upon your individual facts and circumstances. Zoe Financial is not an accounting firm- clients and prospective clients should consult with their tax professional regarding their specific tax situation. Opinions expressed by Zoe Financial are based on economic or market conditions at the time this material was written.  Economies and markets fluctuate.  Actual economic or market events may turn out differently than anticipated.  Facts presented have been obtained from sources believed to be reliable.  Zoe Financial, however, cannot guarantee the accuracy or completeness of such information, and certain information presented here may have been condensed or summarized from its original source. 

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