How to Avoid Common Probate Delays

Even in ideal situations, probate can be a very time-consuming process. The longer probate takes, the longer it takes for beneficiaries to receive their inheritances, the more costs the process incurs, and the longer the family feels uncertain. While there are many delays that can occur in probate, there are also many ways to avoid them with careful planning. Below, our New Port Richey probate lawyer explains the most common reasons for delays and how they can be avoided.

Missing or Incomplete Documents

The probate court will require the original will if one is available, certified copies of the death certificate, and affidavits and petitions that are properly executed. Common issues include self-proving affidavits that are missing, an improperly witnessed or unsigned will, or incomplete inventories. Any time a document is missing or incomplete, it requires corrections and additional hearings, which take more time.

Challenges with the Personal Representative

Personal representatives who are unprepared, unwilling, or unqualified can delay a case. Even when a representative has the best of intentions, they may struggle with accounting, deadlines, or asset management. Bonding disputes, replacement, and disputes among co-personal representatives can all add time to proceedings.

Ambiguous or Contested Will Terms

Unclear language in a will or evidence of lack of capacity, undue influence, or improper execution can all trigger probate litigation. When a will is contested in Florida probate, it turns a routine administration case into an adversarial timeline that requires depositions, discovery, mediation, and a possible trial.

Settling Estate Debts

The creditor process in Florida probate has built-in timeframes. Known or reasonably ascertainable creditors must receive direct notice of the death and their right to file a claim. Additionally, a notice to creditors must be published in a local newspaper once a week for two consecutive weeks. The publication of the notice starts a mandatory 90-day clock for creditors to file claims. Any delay in publishing notice can result in unnecessary delays during probate.

Additionally, creditor disputes can also arise and extend the timeline for probate. The estate may need to settle or litigate claims of unverified amounts of unconfirmed creditors. Tax liens, mortgages, business liabilities, and medical bills can also delay asset distribution.

Locating and Valuing Assets

Locating financial accounts, real property, insurance, and business interests takes time. When institutions are uncooperative, account information is out of date, or there is a lack of beneficiary designations, it can delay probate for weeks, or even months. Appraisals of unique personal property or real estate can also add extra time.

Our Probate Lawyer in New Port Richey Can Help You Avoid Delays 

The longer probate takes, the harder it is for you and your family. At Messina Law Group, P.A., our New Port Richey probate lawyer can provide the legal guidance you need to avoid costly and time-consuming delays. Whether you are facing the process or planning your estate to help loved ones avoid probate, call us today at (813) 492-7798 or chat with us online to schedule a consultation and to get the legal help you need.

Source:

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