Did you know that most people find probate stressful? If you want to learn the probate process, we can help.
In this guide, we’ll answer the question, “How long does the probate process take?”
Want to learn more? Keep reading.
Understanding Probate
Probate is the court-supervised and legal process of settling an estate of a deceased person. With a testament and last will, the probate process will handle potential disputes of inheritances.
If the person died without a will, the court would need to choose an administrator for the estate.
Probate will also give the executor who’s named in the will the authority to undergo the probate process. The executor has the legal authority to pay debts and distribute assets.
The executor has to manage the estate throughout the probate process. An attorney might need to get involved.
If the personal representative lives near the attorney, it’s much easier to deal with issues. You can drop by the attorney’s office and go over the paperwork.
Most documents that get filed with the court will need the original signature. An emailed or faxed signature of the personal representative won’t work.
Probate takes longer if beneficiaries live far from the personal representative and attorney. It will take time to send the documents back and forth and get signatures.
Are There Many Beneficiaries?
If there’s more than one beneficiary, they might not agree on everything that happens with the estate. If there are a couple of beneficiaries, they might hire various attorneys.
These attorneys might challenge the actions an executor takes. If there are a couple of beneficiaries, the probate process might take longer.
What About a Will Contest?
A will contest a legal proceeding that will get initiated to invalidate a testament and last will. Will contests get based on a few different arguments.
If the will hasn’t gotten signed with the proper legal formalities, it could get contested. Sometimes, it happens in the event of issues of fraud or if written under duress or influence by a beneficiary.
A probate proceeding will need to stay open for a long time if the will contest does occur. The issues will get resolved after long court trials.
Are There Lots of Debts?
A decedent’s debts and payment of taxes will be a major part of the process. Transfers to beneficiaries will only happen after these things get resolved. Also, payment to creditors will take some time.
A lot of states require that known creditors get sent a notice, letting them know about the deceased. Some states will require a notice for unknown creditors to get published in a local newspaper.
The deadline to file creditor claims will vary from state to state. Closure of the estate will get delayed until this period does pass and claims have gotten resolved.
How Does the Process Work?
The details vary state by state, but there are specific steps in every jurisdiction.
To probate a will, the document needs to get presented to the probate court. There, they can schedule a hearing and appoint an executor or an administrator for the estate.
Notice of the hearing has to be given to the descendants, beneficiaries, and heirs. Once the personal representative gets appointed, they have to provide information to creditors.
They’ll need to complete an inventory of the estate’s assets, called probate property. This can include things like buildings, real estate, or personal property.
The personal representative will pay creditors and estate taxes. They will ask permission to distribute estate property to heirs. After debt gets paid, the court will get notified so the estate can get closed.
Does It Take Long to Probate a Will?
Probating a will could take less than a year. Yet, in some complex cases, the process could take longer than a year. Different factors will end up causing the process to take longer.
Sometimes, the validity of the will gets challenged. Complicated assets are more challenging to distribute compared to bank accounts.
A taxable estate will take longer. This is because a governmental entity like the Internal Revenue Service will need to get involved.
Some states will have a simplified procedure for a smaller estate. This can help shorten the time it takes for the probate process.
Can Some People Avoid Probate?
You might wonder if it’s possible to avoid probate. If you’d like a quick and cheaper probate process, you might want to find out if you can skip probate.
Choose intended beneficiaries on the life insurance, bank, investment, and life insurance accounts.
Yet, making a living trust is another possible option. The person writing the trust, the grantor, will put in assets of their choice. The grantor will keep control over the trust’s property until death.
The trust will get turned over to the trustee, picked by the grantor. The trustee will distribute the trust property. This occurs outside of the probate process.
Will You Need a Probate Lawyer?
You don’t have to hire a probate lawyer. Yet, if you’re involved in probate, you might want to look at talking to an attorney. Ask the attorney for advice if you need to serve as administrator or executor.
You might have questions about the process. Search online “ss lawyers near me.”
How Long Does the Probate Process Take?
We hope this guide on the probate process was helpful. Now that you know the answer to “how long does the probate process take,” start planning your will. You want to have your affairs in order.
Are you looking for more legal tips? Check out our resources on the blog.
