Probate is the legal process where a court validates your loved one’s Will and helps settle their estate. For the most part, our clients can wrap their brains around that concept and why it is necessary—even with a legal Will in place. That said, why does probate take so long? That is the most common question our team at Leigh Hilton PLLC hears, and to be completely transparent, we understand why. 

After all, probate is known for stretching on for months and sometimes even years.

This can be particularly frustrating for grieving family members because of the emotional, procedural, and financial challenges involved—which often boil down to a few key reasons. Please follow along as we explore this topic in more detail.

7 Reasons Why Probate Can Drag on for So Long

Before we dive into why the probate process can drag on, we want to say that you and your family should never have to tackle the probate process alone. Though necessary in many situations, probate is like a complex puzzle with a lot of pieces that must be expertly managed to ensure everything fits exactly where it should. The experience is only made more complicated by the fact that the executor may be a loved one experiencing grief along with new responsibilities. 

Probate representation is a service we provide, and we are ready to help as quickly as possible.  

Here are a few reasons why your probate process is taking so long:

1. There is no Will — The No. 1 reason probate can take so long is because there is no Will, or the existing Will is invalid. If there is no Will, the court must now determine who the rightful heirs are and how assets should be distributed. This can take quite a bit of time.
2. Lots of beneficiaries — Probate ensures your loved one’s assets and treasures are distributed legally and ethically to the proper beneficiaries. Therefore, the more beneficiaries there are for the estate, the more time it takes to get each beneficiary to sign and return the necessary documents so the probate process can move forward.  
3. Unusual assets — Estates with unusual assets, such as rare collections or other difficult-to-value assets, will take longer to go through the probate process.
4. Complex estates — Not every estate is straightforward. Some include numerous or unusual assets, businesses, properties in multiple states, international holdings, etc. Creditor claims against the estate or assets under the estate’s umbrella for unpaid debts may also be present, prolonging the time it takes to validate a Will.
5. Executors — An inept executor can often slow down the probate process if they are disorganized, procrastinate, or do not understand finances. This can significantly delay everything.
6. Contested Wills — A valid Will often dictates the probate process, and there is still the chance that someone could challenge it and drag the process out. Beneficiaries who do not get along can delay the process even if a Will is not contested. 
7. Court delays — While we would all like to believe the court system is flexible and open to taking on cases quickly, that is not the case. Probate courts naturally become overburdened by unresolved cases, and they can also suffer from understaffing, increased caseloads, and even outdated systems. 

The good news is that your friends here at Leigh Hilton, PLLC, have helped many families like yours manage that process. An experienced, skilled, and compassionate attorney from our firm can help you speed up the probate process by providing the crucial guidance you need to avoid or overcome all the above-mentioned obstacles. 

Call Leigh Hilton PLLC Today!!

Having a competent probate attorney in your corner will help you and your family navigate the often overwhelming waters of protecting everything you own and everyone you love. That is our job, and we think we do it better than anyone else. Call Leigh Hilton PLLC so that we can help ensure you and your family are taken care of in the best way possible. 

Leigh Hilton PLLC wants to be your first call every time for any estate planning need. We look forward to serving you.