Law

Factors That Delay The Probate Process

The probate process can be avoided in various ways. However, most people are not educated about this and end up making estate planning mistakes. This makes it difficult to organize their belongings, assets, and more after they pass away. Moreover, probate can last for a long time. 

Probate can take anywhere between several months to years. Until the process is completed, the beneficiaries cannot access the assets they are entitled to. Moreover, there are many factors that can contribute to the long-drawn process. To avoid this and get done with the process quickly, hire a San Antonio will planning lawyer

Factors that delay the probate process 

  • Estate with many beneficiaries. 

Sometimes estates have only a few beneficiaries, two or three at most. Some people like to keep only their immediate family in their will. However, for others, that is not so. Estates with more than three beneficiaries typically take a long time. This is because it takes a lot of time to notify all beneficiaries about what is going on. 

During the process, the beneficiaries need to sign many documents. In most cases, there is at least one person who needs more prodding and several reminders to return the signed documents. This can take up time. 

  • Death of the Executor or Personal Representative. 

The Executor or Personal Representative is the person who takes care of the administration of the will after you pass away. If the Executor dies before taking out the grantor after obtaining the grant, problems arise. When this happens, the Executor of the dead Executor needs to step in and resume the work. This is known as a chain of representation. 

  • No Executor is named in the will. 

When no person is named as the Executor of the will, the court needs to appoint one. However, having no Executor raises various questions about the estate planning, even though it is not assumed invalid immediately. 

This factor raises the question that if such an important part of the document was missed, then what other discrepancies might be there. Figuring out the answer to these questions and appointing an Executor can take time. 

  • When beneficiaries live far away. 

Relatives do not always live close to each other in San Antonio. The named beneficiaries may live in different cities across the United States. Such a thing is difficult to deal with in case of probate, even with all the technology in the world. If they are located outside the US, the time difference and expensive mail service can take a toll on the estate administration. 

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