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What issues may make probate take longer?

On Behalf of | Apr 8, 2024 | Probate

Probate is the legal process of handling someone’s estate after they die. However, it can sometimes take a while.

Several issues can stretch probate out, making it more complicated for everyone involved.

Tax problems

Taxes can hold up probate. Depending on the jurisdiction and the value of the estate, various taxes such as estate tax, inheritance tax or income tax may apply.

Executors must accurately assess and fulfill the estate’s tax obligations. This often involves coordination with tax authorities, leading to delays in the probate process.

Missing or incomplete documentation

If important documents like the person’s will, bank statements or property records are missing or not complete, it can make probate take longer. The court may need additional time to verify the estate’s assets and liabilities. Locating and gathering paperwork right away is important for hurrying up probate proceedings.

Legal complications

Sometimes, there are legal issues that come up during probate, like claims that someone influenced them unfairly. When this happens, the court might need to have hearings or gather evidence to sort this problem out.

Arguments among heirs

Disagreements between the people who inherit assets from the person who died can slow down probate. People might disagree about who should get what or whether the person’s will is fair. When this happens, these arguments can stretch out the probate period.

Probate can lead to serious stress if individuals do not take steps to deal with grief and anxiety during this time. By understanding these potential problems, those in charge can try to make the process smoother for everyone.

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