Why Does Probate Take So Long?

A common reason clients want to avoid probate is the time it takes to settle an estate (typically 9-12 months). When probate is unavoidable, what are some things to avoid?

1. Contested Wills. Clients can contest who is named personal representative, the fairness of distributions, and even the validity of the Will. These contests take time. Often, lawyers get involved, increasing the costs.
2. Incomplete Documentation. Not providing complete information slows down the process. Each time our office must contact a client or beneficiary of an estate takes time. It also increases fees. To help speed things along, answer questions promptly and completely.
3. Cleaning Up Titles. It is not uncommon for a married couple to assume nothing needs to be done when the first spouse passes away. That is not always the case. If the surviving spouse (or family) didn’t update account titles, car titles, or real estate deeds, extra steps may need to be taken when going through probate for the second spouse. These extra steps add to the probate process.
4. Beneficiary Disputes. Grudges, hurt feelings, and unresolved issues commonly bubble to the surface, causing delays to sort through the issues beneficiaries may have with each other. In addition, trying to do what “Mom and Dad wanted,” even though Mom and Dad didn’t put it in writing can cause significant delays and costs. Every conflict can’t be avoided, but trying to keep the focus on carrying out Mom and Dad’s written plan can go a long way to making the probate process more streamlined. Remember, if it is not in writing, it generally is not enforceable.

Probate delays can be frustrating for families who just want to move on. To avoid them, it's smart to plan. Talk to one of our lawyers about making your intentions clear, as well as ways to carry out your plan without the need for probate. We are here to help you and your family.