22 Aug

HELP! This Probate Is Taking Forever!!!

Manya Deva Natan
Manya Deva Natan is a California Bar Certified attorney with the law firm of SSS Legal & Consultancy Services located in Calabasas, CA. Her practice focuses on International Estates, Trusts and Estates, Asset Protection, Trust Administration, and more. Manya received her law degree from Stanford University, as well as a Master's in International Affairs from Columbia University. She has completed extensive course-work and training in the areas of mental, physical, and emotional health, including being a published author. She is the founder of two publishing-based companies related to health and wellness and has particular interest in the legal and financial components of health and their importance in integrated health. She has appeared multiple times on Good Morning America and is regularly contacted by national media outlets for commentary.
Manya Deva Natan

6a01b8d0a6271d970c01b8d17bcba9970c-500piAfter a loved one dies, her estate must be settled. While most people want the settlement process to be done ASAP, probate can take between 18 and 24 months. Yes, you heard that right. The time delays create unnecessary stress.

 

 

 

 

5 Reasons Probate Takes So Long

 

There are many reasons why probating a will takes so long. Here are five of the most common:

 

  1. Managing probate required paperwork can be a monumental undertaking with structured timelines and court-imposed deadlines.

 

  1. Estates with numerous or complicated assets simply take longer to probate as there are more items to be accounted for and valued.

 

  1. Probate court caseload. Most probate courts are dealing with high caseloads and limited staff.

 

  1. Challenges to the will. Heirs, beneficiaries, and those, who thought they’d be beneficiaries, can object to and challenge the will’s terms and legality. While state law dictates how long they have to object, will challenges can add years to the process. Common challenges include that the testator was:

 

  • Lacking testamentary capacity
  • Delusional
  • Subject to undue influence
  • A victim of fraud

 

  1. Creditor Notification. A will’s executor must notify the decedent’s creditors so they have time to submit claims for debts. This time period varies from state to state as well, but it is generally six to nine months.

 

The bottom line is that, while most state probate laws are designed to keep the process moving along in a timely manner, that’s more of a plan than a reality.

 

Simply Put, Avoiding Probate with a Trust Is Better

 

Simply put, having assets in a trust is better. Administration generally only takes six to eight months total – meaning that the process is not tied up in court, beneficiaries get assets faster, costs are reduced, and stress levels are kept to a minimum.

 

Take Action Now

 

First, if you need help settling a probate estate, we can help you move the process along and remove some of the burden so you can move on with your life. Second, we can help you make sure you never burden your loved ones the way you’ve been burden. How? We’ll show you how to avoid probate with a trust.

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