Sometimes, the probate process can be frustrating. The legal determination of whether a will is valid and authentic takes time- sometimes, too much time! There are many factors that may frustrate people in this period including costly delays due to multiple requests for information or additional reviews by lawyers.
Why does probate have to be so drawn out?
Navigating the probate process can be frustrating and time-consuming for multiple reasons. Knowing what causes these delays will help you better understand how to navigate this legal course of action for your loved one’s estate plan.
Knowing all potential sources of frustration and delays before beginning a probate proceeding is important in order to avoid any unnecessary delays or complications, because as they say “haste makes waste”! In addition, if you can’t wait, it might make sense to get a probate advance. Let us take a look at some common causes:
Creditor Check Time Period And Court Delays
The period that the probate takes to process an inheritance varies depending on various factors. However, the process usually faces some delays, which cause frustrations. Some delays can be controlled while others are out of our control. Sometimes, probate is slowed down by government bodies.
Also, the probate courts receive many cases related to wills and inheritance. They have to process these cases on a first-come-first-serve basis. The process of registering your case with the probate case is also lengthy and time-consuming.
Typically, the probate process may take anything from six to 12 months from when a person dies. However, some circumstances may extend the probation period to more than a year. For instance, if there is no will, the probate may take more time trying to identify the rightful heirs and how to distribute the property of the deceased to their best interest.
Also, if the property and assets to be shared are considerable, then the probate process is likely to take long, causing frustrations to the beneficiaries.
High fees and inheritance taxes
Well, there’s nothing for free in this world. Besides, inheritance is taxed by the government.
Sadly, We live in a world where nothing is free and even death comes with an expense.
But, before you get too cynical about the process of inheritance tax by governments, take it from me- there are ways to avoid these costs! For example: if your parents have died without leaving any property or estate behind (meaning they were not wealthy at all), then guess what? You could be exempt from this taxation altogether because technically that means no income was generated during their lifetime for government coffers.
The probate court has some issues though which make things complicated -the flat fee charged on every case starts getting expensive when people come into inherit properties worth millions of dollars; so now instead we see fees based off how much each person inherits.
Inheritance claims is another major cause of the prolonged probate process and could cause frustration among the beneficiaries. This usually happens when there are some conflicts in the will. For instance, if the deceased omits his spouse in the will, the wife has the right to file an inheritance claim and to get what rightfully belongs to her.
Even if there is a will, some beneficiaries may not be satisfied with the distribution of property left by their deceased loved one. This could lead to inheritance claims and even litigation which can prolong probate. This can be cause for further issues with beneficiaries and delays.
When it comes to creditors, claims should be made within six months; afterwards, solicitors hold onto money or property until they are resolved in court. The long wait for resolution can make people feel frustrated over time!
Probate Is a Difficult Process, Be Prepared
Probate frustrations are mostly caused by delays during the probation process. Luckily, it is possible to get an advance on your probate so you don’t have to wait the standard 6 months to 3 years to receive your rightful inheritance. Otherwise, it’s best to hire a good probate attorney and hang on.