What Are Common Probate Delays?

People try to help their loved ones avoid probate for many reasons. One of these is that it can be a long and involved process. This not only causes stress for family members, but it can also cause them to wait months, or even years, before they receive their inheritance. There are many reasons probate can take a long time, including disputes between beneficiaries, creditor claims, and more. Below, our Daytona Beach estate administration attorney outlines some of the most common delays that can occur during probate.

Missing or Improperly Executed Documents 

The probate courts in Florida require original wills when they are available, certified copies of the death certificate, and affidavits and petitions that are properly executed. Common issues pertaining to documents include wills that are not properly witnessed or signed, incomplete inventories of assets, and self-proving affidavits that are not submitted. Every time there is an omission, it will result in a need for corrections which require more hearings and cause delays.

Issues with Personal Representatives 

Personal representatives who are unprepared, unwilling, or unqualified to act in the role can also delay a case. Even when a personal representative has good intentions, they may struggle with asset management, accounting, or deadlines. Disputes among joint personal representatives or the need to replace a representative can all cause delays in the probate process.

Contested Wills 

Evidence of improper execution of a will, lack of capacity, or undue influence can also result in a will being contested, which requires litigation. Litigation involves lengthy discovery, depositions, mediation, and potentially a trial. These steps all take time and can create lengthy delays in the probate process.

Creditor Claims 

The probate process in Florida outlines clear timelines for creditors to make a claim against an estate for unpaid debt. Known creditors must be given direct notice while notice by publication is required to notify unknown creditors. If a dispute arises over a creditor claim, the estate may need to settle or litigate the issue. This will add to delays in the process.

Locating and Valuing Property 

Locating physical property, business interests, financial accounts, and insurance policies can take time. A lack of beneficiary designations, outdated account information, and uncooperative institutions can result in weeks, or even months, of additional work. When unique personal property or real estate must be appraised, it also creates additional steps and delays.

Court Schedules 

The probate courts in Florida often have crowded dockets, meaning it may take months before even your first hearing. Although there is little one can do about the schedule of the court, it is critical that procedural missteps, such as failing to provide proper notice, are not made so delays can be avoided.

Our Estate Administration Lawyer in Daytona Beach Can Help You Avoid Delays 

Delays in the probate process are stressful but our Daytona Beach estate administration lawyer at Bundza & Rodriguez can help you avoid them. Call us today at 386-252-5170 or chat with us online to request a consultation and to learn more about how we can help you and your family.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html