The Factors That Can Affect the Length of Probate

Many people think that the execution of a will simply involves delivering inherited assets to beneficiaries. However, there are several steps the executor of an estate must take during the probate process before distributing assets. With this in mind, the probate length varies depending on the following factors.

Wrong Executor/Trustee

One of the reasons for lengthy probate is that the deceased chose the wrong person to handle their estate. For instance, choosing an executor who is careless with money, disorganized, or preoccupied with other responsibilities can delay the probate.

This person cannot handle the responsibilities of guiding an estate through probate. Eventually, the beneficiaries may have to take steps to remove them, which can further lengthen the probate process.

Absence of a Will

Probate occurs both in the presence or absence of a will. However, in most cases, when there is a valid will, the process is faster because the deceased made specific arrangements for every asset in their estate. 

If the deceased didn't leave a will, the court must deliberate on the distribution of the descendant's assets. The judge will appoint a personal representative to oversee the probate process. In these cases, intestate law will come into play when distributing the deceased's estate.

Asset Complexity

The probate process is straightforward if an estate consists of simple assets, like a house and a bank account. In these cases, the court will allow the transfer of assets to beneficiaries based on a small estate affidavit. This probate process usually only lasts a few weeks. 

On the other hand, if the decedent had significant assets or properties in more than one state, these assets would go through ordinary probate and another probate process called ancillary probate. For the successful administration of the estate to its beneficiaries, both of these probate processes have to be concluded.

Amount of Debts and Taxes

The amount of debt associated with the deceased's estate can significantly impact the duration of the probate process. One justification is that the estate executor must inform the creditors of the probate procedure so that they have time to file claims against the estate.

In many states, creditors have a limited time frame to file claims against a deceased's estate. Therefore, the limitations set by the laws in the state where the deceased owned properties will affect the probate process duration. 

Another factor that will delay probate is the tax burden of the deceased's estate. If an executor has to deal with significant estate taxes, this will prolong probate.

Disputes Among Beneficiaries

Even when there is a will, the beneficiaries might quarrel over the allocation of assets. This usually arises when one or several beneficiaries feel their inheritance is unfair.

Disputes among beneficiaries can lead to a will contest. This is a legal proceeding that invalidates the decedent's will. The pertinent issues causing these disputes usually are resolved after lengthy court trials. These court trials can leave the probate process open for a long time.

Hard-to-Reach Beneficiaries

Sometimes, the beneficiaries of the deceased's estate will prolong the duration of probate because they are distant or estranged. This makes it difficult to reach them. The executor of the deceased's estate has to contact all the beneficiaries so the parties can submit crucial documents and sign the paperwork required for probate. 

If some beneficiaries live abroad, it will take time to secure official documents from them. Typically, estates with many beneficiaries take a long time to settle because more people must hand in paperwork. 

If you are the beneficiary of a deceased estate owner, it's normal to wonder how long it will take to receive your inheritance. For any queries about the probate process, you need to consult an experienced estate attorney. Gayheart & Willis P.C. is an estate attorney with years of experience in estate planning and family law. Contact us today to help you with your probate concerns.