Usually, but not always, the estate is in a condition to be closed at the conclusion of the 4-month creditors' claim filing period. Not incidentally, these problems often arise in connection with administration of a living trust, with the same result. Assuming no such problems surface, probate of a decedent's estate should take no more than 7 to 8 months. The delay involved in adhering to such requirements results in postponement of distribution which is comparable to that occurring in the case of probate. Moreover, probate attorneys must answer to the court if they do not comply with statutory deadlines set for reports, accountings, and distributions.
Preference is given to appointment of a conservator nominated by the conservatee.
Or it can be stated in a document executed at some earlier time when the future need of a conservator was fortuitously anticipated. In most situations, the conservator's powers are limited. Important decisions may require another trip to the courthouse for approval. Conservatorships ARE very expensive for the reason that many safeguards have been adopted by the legislature to protect the liberties, rights and property of conservatees. For example, courts frequently appoint a second attorney to act as the conservatee's private counsel.