Probate is the legal process through which the estate of a deceased person is administered, debts are paid and assets are distributed to beneficiaries. While it generally follows a set procedure, several obstacles can slow down the process, making it more complex and time-consuming.
Understanding potential obstacles in the probate process can help individuals and families prepare for the process and avoid unnecessary setbacks. What are some common obstacles that can slow the probate process?
Contested wills
Disputes over the validity of a will can delay probate. If family members or other beneficiaries contest the will, claiming that it’s outdated, forged or made under duress, the court must resolve the issue. Resolving a contested will issue can take months or even years.
Inadequate estate planning
If the deceased did not have a clear will or trust, or if their estate planning documents are incomplete, the court may have to intervene to ensure the estate is distributed properly. This can prolong the probate process.
Debt and tax issues
Before assets can be distributed, all debts and taxes must be settled. If the estate owes significant debts or there are complications with unpaid taxes, such as estate or inheritance taxes, this can slow things down.
Complicated assets
Some estates contain complex assets, such as businesses, real estate in multiple states or investments with unclear titles. Such assets may require more time to appraise, sell or transfer, which can delay the probate process.
Given these obstacles, seeking legal guidance can help someone administering an estate navigate the process more smoothly.