The probate process, which involves the legal handling of a deceased person’s estate, can often take longer than expected, sometimes dragging on for months or even years.
While the timeline can fluctuate depending on the size and intricacy of the estate, there are several common reasons why probate can experience delays. Understanding these reasons can help families and beneficiaries better prepare for the potential hurdles they may face during this legal process.
Lack of a valid will
Suppose the owner of the estate failed to write a valid will or one of the beneficiaries contests the available will; it can significantly delay probate proceedings. In the absence of a valid will, the probate court has no choice but to determine how the estate should be divided according to state laws.
This involves identifying all legal heirs and beneficiaries, which can be a complex and time-consuming task, especially if distant relatives need to be located. In cases where there is a will, but family members contest it, the legal process of resolving the disputes can take months or even years.
Complexity of the estate
The more intricate an estate, the more likely it may take longer to resolve the probate process. Large estates are those that include:
- Multiple properties
- Business interests
- Foreign assets
- Valuable collectibles
The complexity of an estate can involve:
- Additional legal work
- Coordination with multiple parties
- The need to sell assets
All these additional procedures can significantly slow down the process. Additionally, if the estate has numerous creditors or complex tax obligations, this can further complicate matters.
By understanding the common causes of delays, individuals can take proactive steps to minimize potential problems. Proper planning, appointing a diligent executor and enlisting dedicated legal guidance can significantly streamline the probate process and reduce the chances of unnecessary delays.