If you’re the beneficiary of a will, you probably want to receive your inheritance as soon as possible. This might not happen if you’re dealing with an executor who is delaying the distribution of your inheritance.
Why would an executor take longer to administer a will, and when does it become unlawful? Let’s explore this topic in a little more depth so you know how to handle this situation.
How Long Does the Executor Have to Pay Beneficiaries?
The law varies by state.
The state of Georgia has no deadline for administering a will. In other words, there’s no date by which you must be paid.
As a general rule of thumb, the length of time it takes to settle an estate depends on the size and complexity of the estate and whether there’s litigation delaying the probate process.
That doesn’t mean the executor can take as long as they like before paying the beneficiaries. If the executor drags out the administration process in a way that harms the estate or its beneficiaries, there might be unreasonable delay.
Related Blog: What an Executor Cannot Do — and Also What They Can
Why Would the Executor Delay Distribution?
An executor might delay the distribution of assets outlined in the will for valid or invalid reasons.
Reasonable Delays
- The will includes complex assets: multiple bank accounts and property holdings, brokerage accounts, family businesses, etc.
- The testator has substantial debt and/or taxes that need to be paid using estate assets.
- The executor is instructed to sell large, complex assets like real estate.
- The beneficiaries are slow to return required paperwork, or don’t provide sufficient communication.
- Beneficiaries contest the will, causing litigation.
Unreasonable Delays:
- The executor is using estate assets to make personal purchases. This is a breach of fiduciary duty and may also constitute fraud.
- The executor is paid for the time required to administer the will, and they delay the distribution so they can receive compensation for a longer period.
- The executor does not have the capacity for the role; they cannot perform their duties in a timely manner.
- The executor is waiting for an elderly or ill beneficiary to die in order to gain better terms, inheritance, or compensation. Unfortunately, this is not unheard of in the estate world—you can read about a similar case here.
Related Blog: Can a Beneficiary Sue the Executor of an Estate?
What Can You Do If the Executor is Delaying Distribution?
If the executor has taken an unreasonable amount of time to administer the will, then you can take legal action to remove or penalize the executor.
You might be able to sue the executor for breach of fiduciary duty and have them removed from their role.
You could also reduce the executor’s compensation (which might be a good option if you suspect the executor is prolonging the administration process so they can be paid over a longer term).In any case, enlisting a fiduciary litigation firm to guide you through the legal process is important. If you’re dealing with a fiduciary dispute in Georgia, contact Gaslowitz Frankel today—our experienced legal team has years of experience helping people through challenging will disputes, and we’ve been able to secure strong outcomes for our clients.
