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.
Posted on December 15, 2015

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. This time period varies from state to state as well, but it is generally six to nine months.
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 only takes six to eight months total – 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.
More from our blog…
5 Rights That a Trust Beneficiary Has
As a trust beneficiary, you may feel you're at the mercy of the trustee. However, depending on the type of trust, beneficiaries may have rights [...]
14 Essential Questions to Ask Aging Parents This Holiday
Thanksgiving is a time when many families come together. About 45 percent of adults surveyed said they planned to travel for the holiday, per The Vacationer. [...]
Baby Boomers: Inheritance Conversations With Your Children
Not talking to your adult children about their inheritance comes at a cost. Do what you can to manage expectations for adult children as they [...]
2024 Annual Gift and Estate Tax Exemption Adjustments
With the arrival of the new year, revisions to the annual gift tax and estate tax exclusions will be going into effect, as recently announced [...]
Recent blog posts
FREE WEBINAR
5 Things to Know About
Estate Planning
When You Turn Sixty-Five