What Causes Delays During Probate?

Some people plan their estate with the primary goal of helping their loved ones avoid the probate process after they pass away. They do this because probate can be a long and costly process. Not only can probate reduce the amount of assets left in the estate for beneficiaries, but it can also mean that heirs have to wait a long time to receive their inheritance.

Although there is no real way to expedite the process, probate sometimes becomes so lengthy because delays occur. Below, our St. Petersburg probate administration attorney outlines some of the most common delays and how to avoid them.

Missing Documents 

Probate courts require the original will, certified copies of the death certificate, affidavits and petitions. When these are not properly executed, it can create a delay as the court will have to resolve the issue. Common mistakes include wills that are not properly signed or witnessed, incomplete inventories, and missing affidavits for self-proving wills. Every instance of missing information will require additional hearings and requests for corrections.

Challenges with Personal Representatives 

Personal representatives are appointed by the probate court to oversee the administration of the estate. They are either designated by the decedent in the decedent’s will, or in the absence of a will, the person with preference for appointment under Florida law. When a personal representative is unprepared, unwilling, or unqualified, it can create delays in a case. Even skilled and good-intentioned personal representatives can find asset management, accounting, and deadlines challenging. Replacing a personal representative and disagreements among co-personal representatives all create delays during probate.

Contested or Unclear Will Terms 

Vague language used in a will or evidence of improper execution, lack of capacity, or undue influence can trigger a lawsuit. When a will is contested in Florida, a case moves from being routine administration to an adversarial court case that typically requires depositions, other forms of discovery, mediation, and potentially a trial. All of these can delay probate anywhere from a few months to a few years.

Creditor Claims 

There is a very clear timeline for notifying reasonably ascertainable creditors so they can file a claim against the estate, if necessary. Settling debt can take time but additional delays can occur if a claim filed by a creditor is disputed. For example, if the personal representative has reason to believe the debt is not valid, the dispute will need to be resolved and this also takes time.

Scheduling of the Court 

Although the scheduling of the court is not within your control, it can impact how long probate takes. Most matters are handled efficiently by the courts but complicated estates, motions, and disputes may not be scheduled for weeks, or even months. Procedural mistakes, such as failing to provide proper notice, can also create delays during probate.

Our Probate Administration Attorney in St. Petersburg Can Help You Through the Process 

Delays are sometimes a part of probate but it is also possible to move through them quickly, or avoid them altogether. At Legacy Protection Lawyers, LLP, our St. Petersburg probate administration attorney can help you through the process, resolve any dispute that arises, and ensure no mistakes are made that could delay proceedings. Call us today at 727-471-5868 or contact us online to schedule a consultation with our experienced attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html