Probate is the legal process that empowers the courts to oversee estate administration in the wake of an individual’s death. While probate does help to ensure that the deceased’s wishes are honored and their debts are settled, it can be a frustrating and time-consuming process.
Delays during probate are common, often due to various factors that could otherwise have been avoided had the deceased engaged in thoughtful estate planning efforts. Understanding what kinds of common delays tend to plague the probate process can help forward-looking adults take steps to mitigate them on behalf of those loved ones who will eventually have to navigate probate when an estate’s creator is eventually gone.
Key steps worth considering
One of the most effective ways to avoid delays during probate involves having a comprehensive, legally sound and up-to-date will or living trust in place. A well-drafted testamentary resource clearly outlines the distribution of assets at issue and provides specific instructions for handling the estate. Ambiguities or omissions in a will can lead to disputes among heirs or challenges in court, significantly slowing down the probate process.
Choosing a competent, trustworthy, and organized executor – as well as a competent trustee, if applicable – can significantly reduce the likelihood of delays as well. An inexperienced or overwhelmed executor may struggle with the complex responsibilities involved, leading to mistakes or slowdowns.
Open communication with heirs and beneficiaries can also help prevent delays during probate. Disputes often arise when heirs are surprised by the contents of a will or feel they were unfairly treated. By discussing one’s plans with family and explaining decisions, individuals can minimize the likelihood of conflicts that could lead to lengthy court battles and probate delays.
Finally, it is worth noting that, in some cases, it may be possible to avoid probate altogether by utilizing estate planning tools such as living trusts, joint ownership or payable-on-death accounts. These strategies allow assets to transfer directly to beneficiaries without going through probate, significantly speeding up the process and reducing legal costs.