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What can make probate go on longer?

On Behalf of | Nov 14, 2023 | Estate Planning | 0 comments

Probate is something many people see as a complicated but important step in the aftermath of a loved one’s passing. However, the duration of probate proceedings can vary widely. Several factors can contribute to a lengthier process.

Learning more about what may extend the probate timeline can shed light on the issues that heirs and beneficiaries might encounter.

Complex estate structures

One of the primary factors that can elongate probate proceedings is the complexity of the deceased’s estate.

Estates with many assets, multiple properties, large financial portfolios and diverse investments often require more time. In fact, 61% of Americans in a 2023 survey say that they own stock. The review and valuation of these kinds of assets demand an understanding of financial intricacies.

Arguments among heirs

Disagreements among heirs can significantly slow down the probate process. When beneficiaries contest the validity of the will or dispute the distribution of assets, the resolution often takes more time. Legal battles among family members can tie up the probate court.

Creditor claims and debt settlement

Another factor that can extend probate proceedings is the settlement of outstanding debts and creditor claims. Before distributing assets to heirs, the estate must pay any debts the deceased owes.

The probate court is responsible for looking at creditor claims, ensuring the validity of each. This examination of financial obligations adds a layer of complexity to the probate timeline.

Missing or incomplete documentation

Probate efficiency heavily relies on the availability and accuracy of documentation. Incomplete or missing paperwork, including wills, deeds and financial records, can lead to significant delays. Probate courts review these documents to ensure their authenticity and legality. When paperwork is absent or incomplete, the court must engage in a longer investigative process.

Understanding factors that can complicate probate can help people work toward a better resolution. As individuals embark on this legal process, a thorough grasp of the complexities involved is important for informed decision-making.