lawyer take 5 years to probate why

Why does probate take so long? The paperwork necessary for moving through the probate process can overwhelm, especially if the estate is large or complicated. If the probate caseload is high or the court is understaffed, the process may be further delayed.

Full Answer

How long does it take to probate an estate?

Probating can be a lengthy process – it often takes over a year. Probating an estate never happens faster than about three or four months. No one can instantly access property, assets, or investments, but having a probate lawyer will make the process much faster.

What does a probate attorney do?

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.

What happens if you don’t have a probate lawyer?

Without a lawyer, many family members may want to be a part of the probate process, which adds to the conflict and confusion. If you don’t allow them to participate, they might feel like you’re hiding something. But the more people get on board, the more difficult the process becomes.

When do you have to go to probate court for Wills?

Probate court is necessary if the will is deemed invalid for one of these reasons: Improper Execution – it wasn't written clearly or it was not a legal will. Mental Incompetence – the deceased was not mentally competent when he or she made up the will so their decisions are questioned.

Why does it take longer to settle a probate estate?

Estates with more than two or three beneficiaries typically take longer to settle through probate because it takes longer to notify each and every beneficiary about what's going on. And letting them know what's going on is a legal requirement during administration.

When is probate necessary?

Estates With Assets in Various States. Multiple probate processes can be necessary when a decedent leaves property in more than one state. For example, a decedent might have lived in Nevada but also owned real estate in California and mineral rights in Oklahoma.

How long is probate in limbo?

This means that the probate administration will remain in limbo for at least six to eight months while the IRS does what it needs to do. Another two or three months can go by if there's a problem with the return and the IRS requests additional information or documentation. Now we're up to 10 months to a year since the return was initially filed. ...

Why do people fail to make estate plans?

They fail to make estate plans so their assets end up at the mercy of the court. To make matters worse, probate can take on a life of its own, dragging on for many months or even several years for some estates. A multitude of factors can contribute to a long and drawn-out process, from choosing an inept executor to the nature of a decedent's assets.

How long does it take to file a 706?

On average, the IRS won't even begin to process an estate's Form 706 until three to four months have passed since the return was filed.

Can a personal representative go to court?

The personal representative can be forced to go to court to get permission from the probate judge to perform every little task when beneficiaries don't get along. One or more of the beneficiaries will often hire their own attorneys in these situations.

Why does probate take so long?

Here are some of the reasons why the probate process can take so long. Paperwork. Probate is a very paperwork intensive process. It includes filings, petitions, notifications, accountings, and other items. Each item has its own guidelines, requirements, and timelines. Failure to complete the right paperwork in the right way at ...

What is the waiting period for probate?

Mandatory Waiting Periods. At several points during the probate, various persons and entities need to be provided notification. Notifications are typically followed by a minimum waiting period to allow for those notified to get counsel, file objections, or file claims.

What to do if you are involved in probate?

First, get the advice of legal counsel knowledgeable about probate. Probate is a legal process, so you should have an attorney who can let you know what is normal and what to expect.

How long does it take for creditors to find out about an estate?

The longest of these waiting periods is four months to allow creditors to discover the estate and file any claim before permanently losing their ability to collect on debts owed by the deceased. Complexity of the Estate. Some estates are simply more complex than others.

Is patience a virtue in probate?

It doesn’t matter how simple and straightforward the probate really is, patience can really be a virtue here. Finally, be proactive but flexible. When you find yourself in a waiting period, it is sometimes a good idea to look ahead. Discover what is the next big hurdle and what you need to do to prepare for it.

What can slow down the probate process?

The probate process can take so long and get quite complex as it consists of several steps, the basic ones being: petitioning the court, approving the executor, notifying all parties, transferring of assets and paying off debts, and closing the estate.

Should you hire a probate attorney?

Many people will choose to hire an attorney to help them with the probate process, but this is not always necessary, and can make the process slower and more expensive.

How long does probate take?

Each step of the probate process can take weeks or even months. For instance:

How to speed up the probate process

You can’t control what you inherit, but you can control how quickly all the paperwork gets completed.

What is Probate?

Probate is the judicial process of administering the estate of a person who has passed away. This process results in a deceased person’s assets to be properly identified, valued, and redistributed to his beneficiaries.

The Role of a Probate Attorney

A probate lawyer is a state-licensed attorney who helps the beneficiaries with the distribution of an estate and settling the affairs of the decedent. He may also help with the estate planning such as drafting of wills or giving advice on powers of attorney.

Do you Need a Probate Lawyer?

Not every probate requires hiring an attorney. You can avoid hiring a probate lawyer in the following circumstances:

5 Reasons for Hiring a Probate Lawyer

The following are our top five reasons why you need to hire a probate lawyer.

Reach Out to Us

Lacey Lyons is a leading law firm in Brevard County, committed to providing exceptional probate services. We ensure that the whole process is carried out in a timely and efficient manner. Contact us today to schedule a consultation.

How long after death can you probate a will?

There is no law that prohibits a will from being probated 5 years later. I have probated wills 20 years after death! In fact, I would encourage you to do the probate now. It may be easier to sell the house after probate is done and probate likely takes some time (here in California it takes 7 months minimum to complete a probate). I encourage you to find an experienced probate attorney in the area where your mom lived at death. Good luck to you!

How long does it take to sell a house after probate?

It may be easier to sell the house after probate is done and probate likely takes some time (here in California it takes 7 months minimum to complete a probate). I encourage you to find an experienced probate attorney in the area where your mom lived at death. Good luck to you! Report Abuse. Report Abuse.

Why do you need a probate attorney?

Let’s take a look at some of the top reasons to hire one. 1. Keep the Family from Conflict. Hiring a probate attorney is a great way to prevent needless family conflict. Without a lawyer, many family members may want to be a part of the probate process, which adds to the conflict and confusion. If you don’t allow them to participate, they might ...

What happens if probate is not done?

If probating doesn’t get done right, the person in charge of the estate can become liable for any mistakes made in distribution. It’s incredibly difficult for someone without a thorough working knowledge of the law to probate an estate.

What happens when family members don't agree with probate?

When family members don’t agree with the probating process, lawsuits can be the result . These lawsuits are expensive and time-consuming, and when they involve family members, they can also be emotionally exhausting.

What happens if you don't allow probate?

But the more people get on board, the more difficult the process becomes. Tensions can arise when people disagree on the best way to approach probate issues.

What happens when someone passes away?

When someone passes away, there’s often at least one defendant who tries to make a claim against the estate. This often happens when a family member or spouse wasn’t mentioned in the will but feels like they should have been.

What is the process of determining if a will is valid?

The process of deciding that a will is valid and accurate is called “probating an estate.”. In this step, the court takes a look at the will and decides that it’s valid. Describing the process is simple, but the actual process is not so straightforward.

Do you have to take care of debts when you die?

As mentioned above, the deceased might have owed some debts when they passed. Taking care of these financial responsibilities may not be easy, but it is necessary. You’ll need to spend more time on these debts if the deceased had a complex financial situation.

When is probate required?

Probate is required if the assets were owned as a Tenant in Common or Joint Tenancy. What this means if the deceased owned property jointly with another person, such as in the case of a common law marriage, then probate is required to ensure that the deceased's share of the property is properly distributed to legal heirs.

Why do you have to go to probate court?

There really are only five reasons why you'd have to go to probate court to either make your claim on the deceased's assets or to prove that you are a legal beneficiary. If any one of the following applies to you or to the deceased, then you might want to consult a probate attorney. 1. Probate court is necessary if the will is deemed invalid ...

What happens if you don't have a will?

2. Probate is required if the deceased didn't have a Last Will and Testament. If there is no will, then there has to be a legal and equitable probate court process for distributing the deceased assets and for transferring the title of probate property. The only way to do this is with probate. 3.

What happens if all the beneficiaries of a trust pass away?

But if all the named beneficiaries have passed away or if the deceased didn't name beneficiaries, then probate is required to transfer the money or title to the beneficiaries.

Why is probate court necessary?

Probate court is necessary if the will is deemed invalid for one of these reasons: Improper Execution – it wasn't written clearly or it was not a legal will. Mental Incompetence – the deceased was not mentally competent when he or she made up the will so their decisions are questioned.

Can you probate a deceased person's assets?

Assets eligible for probate varies from state to state, country to country . You have to check for specific probate laws or with a probate lawyer in your region to determine if the deceased's assets were significant enough to warrant a probate .

What is a Probate Attorney

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.

What Does a Probate Attorney Do?

Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.

Do I Need a Lawyer for Probate?

Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:

Questions to Ask a Probate Attorney

If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.