When a testator passes away, the executor of the estate is responsible for submitting a valid will to probate court. In most cases, the executor is then responsible for the execution of the estate. The duties of the executor can extend to contacting beneficiaries and heirs, paying estate taxes, securing assets, collecting death certificates, contacting banks and debtors and maintaining an estate.
With all of these responsibilities, probate can take several months to over a year if there are no conflicts. However, there may be several problems that can delay the probate process. As a result, beneficiaries and heirs may have to wait before their deceased family or friend’s estate is settled. Here’s what you should know:
Delays in the probate process
While the probate process can be swift, many issues that can cause probate to take years. Here are a few examples:
- Inept executor: Typically, the testator chooses someone to represent as the executor of the estate. Simply put, the executor may not be suited for the role. They may be unorganized or too busy with their life to complete their responsibilities.
- Missing will: It’s important that a will is easily accessible. Without a valid will, it would not be clear what the testator’s intent was for their estate.
- Too many wills: On the other hand, there may be several wills. People often update their wills. However, it’s often necessary to revoke previous wills. Otherwise, an heir or beneficiary could present a will that entitles them to more assets.
- Undue influence: A will may not always be made with good faith. A testator may have been coerced into making a will that exceedingly benefits an individual.
- Forgery: A will may not have been drafted by the testator but someone who is trying to benefit from an estate. Major inconsistencies in a will or a different signature may be reason enough to contest a will.
Probate disputes can be greatly upsetting for heirs and beneficiaries who wish to settle their deceased family member or friend’s personal matters. If it appears that a delay in the probate process is imminent, it can help people to learn about their legal rights.