Even in an ideal situation, the probate process can take a long time, ranging from a few months to more than a year. Unfortunately, several causes of delay can make probate drag on even longer.
As a result, your family may have to pay extra fees and wait years to receive their inheritance. This underlines the importance of mitigating delays and addressing them quickly when they happen.
To start, it’s important to understand the common causes of probate delays:
Missing documents
Crucial papers like the original will or asset records may be hard to find, and this can easily cause delays while you try to locate them. Finding these documents can be especially difficult if the estate owner does not tell anyone where they are kept.
Sadly, there is no way to avoid this issue if your loved one is already gone. But if they are still alive, ask them or the executor to keep all important documents in a secure, known location.
Will contests
A will contest is when someone with an interest in the estate challenges or disputes the validity of the will. This can happen for various reasons. For example, a person contesting a will can claim:
- Someone influenced or manipulated the will creator
- The creator lacked capacity when writing the will
- The will creator did not follow all California procedures when executing the will
In any case, a valid will contest can cause massive delays in probate. To avoid it, you can show documentation showing that your loved one was mentally competent while signing the will and followed all the proper steps in its execution.
Creditor claims
The probate process allows creditors time to make claims against the estate, which the executor must resolve before distribution.
If the claim is successful, the executor may need to liquidate some assets or distribute an asset to a creditor. Typically, this additional burden can take months.
One way to minimize this delay is to create a public notice to creditors as soon as possible. Doing so will start the clock on the creditor claim period, which is typically four months in California.
Proactive measures can help speed up probate
This is not an exhaustive list of probate delay causes, but the ones above are among the most common. Whatever the cause may be, it is important to act quickly so you can minimize the time added to the probate process.
Consider consulting a probate attorney who can help you address any issues that arise and assert your inheritance rights.