Why Is Probate Taking So Long? 7 Frustrating Reasons & How to Speed It Up

Have you been waiting months or even years for a loved one’s estate to go through probate? You’re not alone! As someone who has helped many clients navigate this frustrating process, I can tell you that probate delays are incredibly common and extremely annoying for families trying to move forward after losing someone

Let’s dive into why probate seems to drag on forever and what you can actually do about it

What Is Probate Anyway?

First, a quick review: Probate is the legal process by which a court confirms the Will of your loved one and settles their estate. Taxes and debts are paid off, and assets are legally transferred during this time. Even if there is a valid Will, probate is usually still needed.

The 7 Most Common Reasons Probate Takes Forever

1. No Valid Will or Testament

The #1 reason probate gets delayed is when there’s no Will, or the existing Will is invalid. Without clear instructions, the court has to determine:

• Who the rightful heirs are
• How assets should be distributed
• Who should be appointed as the estate administrator

This investigation process can add months or even years to probate.

2. Complex Estate Assets

Not all estates are straightforward collections of bank accounts and personal belongings. Probate gets significantly lengthened when the estate includes:

• Businesses that need valuation or sale
• Real estate in multiple states (requiring “ancillary probate”)
• Unusual assets like royalties, patents, or rare collections
• International holdings

One of my clients found out the hard way that it took over eight months to properly value her father’s small business before the probate could begin!

3. Family Disputes and Will Contests

Nothing slows down probate like family conflict. When beneficiaries question the Will or disagree on how to divide the assets, everything stops. Common disputes include:

• Claims that the Will was signed under undue influence
• Arguments that the deceased wasn’t mentally competent
• Suspicions about the executor’s handling of assets
• Disagreements about property valuations

Beneficiaries don’t have to officially dispute anything, but if they don’t get along or won’t talk to each other, it takes longer to get signatures and make decisions.

4. Court Backlogs and System Issues

This one drives me crazy! Many probate courts are severely understaffed and overwhelmed with cases. This leads to:

• Long waits for hearing dates (sometimes 4-6 weeks just for an initial hearing)
• Delays in processing paperwork
• Limited availability of judges

Post-pandemic, many courts are still catching up on backlogs that formed during closures. Some courts also still use outdated paper filing systems rather than electronic options, which further slows things down.

5. Executor Inexperience or Delays

The executor (sometimes called a personal representative) has enormous responsibility for moving the probate forward. Problems arise when:

• The executor is grieving and emotionally unable to focus on tasks
• They’re inexperienced with financial or legal matters
• They procrastinate on filing necessary paperwork
• They live far away from where the deceased lived
• They’re disorganized or overwhelmed by the responsibility

I’ve seen cases where a well-meaning but overwhelmed executor added 6+ months to probate simply by missing deadlines or filing incomplete paperwork.

6. Creditor Claim Periods

Most states have mandatory waiting periods for creditors to make claims against the estate. These typically range from 3-9 months depending on your state. During this time:

• The estate must remain open
• Notices must be published
• Claims must be evaluated and either paid or rejected

Executors can’t distribute assets until this period expires, or they could be personally liable for unpaid debts.

7. Tax Issues and Requirements

Tax complications can seriously extend probate timelines:

• Estate tax returns may need to be filed (even if no tax is owed)
• The IRS can take months to process estate tax clearances
• State inheritance taxes may apply in some locations
• Final income tax returns for the deceased must be prepared

How Long Does Probate Actually Take?

While every case is different, here’s a general timeline of what to expect:

Breaking it down by stage:

• Court petition and notifying parties: 1-3 months
• Taking possession of assets and accounts: 1-6 months
• Paying estate expenses and debts: 1-9 months
• Final distribution and closing: 3-6 months

5 Practical Ways to Speed Up Probate

While you can’t eliminate probate completely in many cases, there are several ways to make it move faster:

1. Get Organized Early

The faster you gather necessary information, the quicker probate can proceed:

• Locate the original Will immediately
• Create a comprehensive list of assets and debts
• Gather account statements, property deeds, and insurance policies
• Identify all potential heirs and beneficiaries
• Have multiple certified death certificates ready

2. Consider Professional Help

While it costs money upfront, professional guidance often saves time and money in the long run:

• Hire a probate attorney who specializes in estate administration
• Consider professional executor services if the named executor is overwhelmed
• Use probate services that help with paperwork and court filings

Many families who try to handle probate themselves end up with costly mistakes and delays.

3. Use Small Estate Procedures When Possible

Many states offer simplified probate procedures for smaller estates:

• Known as “summary administration” or “small estate affidavits”
• Typically available when estates fall below certain value thresholds
• Can reduce probate time from years to months or even weeks

4. Communicate Openly with Beneficiaries

Preventing disputes before they happen saves enormous time:

• Hold a family meeting early to discuss the process
• Provide regular updates to all beneficiaries
• Be transparent about timelines and challenges
• Consider mediation for conflicts instead of litigation

5. Stay on Top of Court Deadlines

Missing deadlines is a major cause of probate delays:

• Create a calendar of all filing deadlines
• Submit paperwork early whenever possible
• Follow up regularly with the court on pending matters
• Respond promptly to any requests for additional information

The Best Way to Avoid Probate Delays? Plan Ahead!

If you’re reading this because you’re dealing with someone else’s probate, these tips will help. But if you’re thinking about your own estate, you have even more options:

• Create a living trust to hold major assets (these pass outside of probate)
• Use beneficiary designations on financial accounts and insurance
• Consider joint ownership for real estate and other significant assets
• Keep your estate plan updated to reflect your current wishes

Final Thoughts

Probate is frustrating, there’s no doubt about it. The combination of court inefficiencies, family dynamics, and complex legal requirements creates a perfect storm for delays. But understanding why these delays happen gives you more control over the process.

If you’re currently stuck in probate purgatory, consider consulting with a probate attorney about your specific situation. They may identify opportunities to move things along that you haven’t considered.

And remember – while probate is tedious, it does eventually end! With persistence and the right approach, you’ll get through it.

Have you experienced a particularly long probate process? What challenges did you face? Share your experiences in the comments below!