Help! This Probate Is Taking Forever!!!
After a loved one dies, their money and property that goes through probate must be distributed to the people legally entitled to it—either according to a last will and testament (also called a will) or the state’s default distribution scheme (found in its intestacy statute). While most people want the settlement process done as soon as possible, probate can take up to 12 months in some states. The delays create unnecessary stress, especially for families who need access to those accounts or property to pay their loved one’s taxes, expenses, or debts.
5 Reasons Probate Takes So Long
Here are five of the most common reasons probate may take so long:
1. Paperwork
Probate involves extensive paperwork—such as inventories, financial records, court filings, and responses to creditors and beneficiaries. Managing it all can be a monumental undertaking.
2. Complexity
Estates with numerous or complicated assets take longer to handle. Real estate in multiple states, closely held business interests, or unique collectibles often require appraisals, specialized paperwork, and coordination with various professionals.
3. Probate court caseload
Many probate courts have large caseloads and limited staff. Because the court must be involved at various stages, there may be delays in getting authorization to move the process forward.
4. Challenges to the will
Family members, heirs, or others who thought they would inherit can challenge the will’s validity. While state law dictates how long someone has to object, challenges can add years and significant costs. Common challenges include claims that the willmaker was:
- Lacking testamentary capacity (mental ability required to make a will),
- Subject to undue influence (wrongfully pressured into decisions), or
- A victim of fraud (misled into signing something they did not understand).
5. Creditor notification
The deceased person’s creditors must be notified of the probate estate to submit legal claims for debts. Once this window closes, most future claims are barred. The timeframe varies by state, typically from three to nine months.
While state laws aim to keep probate moving, reality often looks different.
Simply Put, Avoiding Probate with a Trust Is Better
Creating a trust to hold accounts and property can bypass the long, complicated probate process. When someone funds a trust, those assets are treated as owned by the trust rather than the individual, meaning they skip probate. Distribution follows the trust agreement instead.
Trust administration is usually faster, allowing beneficiaries to receive inheritances much sooner. Costs can be reduced, stress minimized, and everything handled privately outside of probate court.
Take Action Now
If you need help administering a probate estate, we can help you move the process along. We can also ensure you never burden your loved ones the same way: by showing you how to avoid probate with a trust. Click here to request your free consultation today!
