HELP! This Probate Is Taking Forever!!!

After a loved one dies, her estate must be settled. While most people want the settlement process to be done ASAP, probate can take between 18 and 24 months. Yes, you heard that right. The time delays create unnecessary stress.

5 Reasons Probate Takes So Long

There are many reasons why probating a will takes so long. Here are five of the most common: 

1) Paperwork. Managing probate required paperwork can be a monumental undertaking with structured timelines and court-imposed deadlines.

2) Complexity. Estates with numerous or complicated assets simply take longer to probate as there are more items to be accounted for and valued.

3) Probate court caseload. Most probate courts are dealing with high caseloads and limited staff. 

4) Challenges to the will. Heirs, beneficiaries, and those, who thought they’d be beneficiaries, can object to and challenge the will’s terms and legality. While state law dictates how long they have to object, will challenges can add years to the process.  Common challenges include that the testator was:

- Lacking testamentary capacity

- Delusional

- Subject to undue influence

- A victim of fraud

5) Creditor Notification. A will’s executor must notify the decedent’s creditors so they have time to submit claims for debts. The executor must notify creditors within 75 days from when the executor was granted letters (the legal authority to serve as executor). The notice can be furnished in-person or by first-class mail. If the estate involves assets in other states, the executor must comply with the probate and creditor notification requirements of the other jurisdictions. This generally requires filing a probate application in each state and appointing another party who is a resident in the respective jurisdiction as an agent to act on the executor’s behalf. .

To provide an opportunity for unknown creditors to file a claim, a notice to creditors must be published once weekly for four consecutive weeks. The executor must place notice to creditors in a newspaper published within the county where the estate is being administered. 

The bottom line is that, while most state probate laws are designed to keep the process moving along in a timely manner, that's more of a plan than a reality. 

Simply Put, Avoiding Probate with a Trust Is Better

Simply put, having assets in a trust is better. Administration generally takes less time – meaning that the process is not tied up in court, beneficiaries get assets faster, costs are reduced, and stress levels are kept to a minimum.  

Take Action Now

First, if you need help settling a probate estate, we can help you move the process along and remove some of the burden so you can move on with your life. Second, we can help you make sure you never burden your loved ones the way you’ve been burden. How? We’ll show you how to avoid probate with a trust.