Probate is a very important part of estate administration, and it is done according to the instructions in a will left behind by the testator. Probate gives the executor of the estate ample time to review the will, submit the will to probate court, contact beneficiaries and distribute assets. The executor is also responsible for contacting interested parties about the testator’s passing, paying debts and taxes and maintaining assets.
Probate can already take several months to over a year until the estate is settled depending on a few factors, such as the size of the estate and the number of beneficiaries. If at any point the probate process is disrupted, it could delay the distribution of assets and reduce the size of the distributed estate. Here are a few common causes of probate delays:
Missing documents
The most important document necessary to start the probate process is the will. Without a valid will, the estate could fall into intestate status. This means that the state would be responsible for the distribution of the estate, which can include assigning an executor, determining heirs and evaluating assets. This can take much longer and cost more to distribute the estate than if there is a valid will.
Will disputes
An heir or beneficiary may have reason to challenge the authenticity of a will. Perhaps the individual believes that there was undue influence, fraud or lack of testator capacity. Probate may take longer to finish if there is a will dispute claim. If there is a clear reason to dispute a will, then the will could be invalidated and a previous will may need to be located. This process can take time, especially if a previous will can not be recovered.
Breach of fiduciary duty
Executors of the estate have a fiduciary duty. What this means is that they must act in the best interest of the estate. If it is suspected that an executor breached their fiduciary duty, a long litigation case could delay the probate process.
Reaching out for legal guidance can help you learn about your estate planning options.
