What Lengthens the Probate Process? How To Avoid Probate Delays

millman law group avoid probate delays

How can you avoid probate delays? Take these actions with your Millman Law Group attorney.

Probate is the administration of estate assets after an individual’s death. The straightforward probate in Florida cases can take six months to a year from the initial filing to close. However, sometimes probate can take even longer. What can lengthen the probate process? At The Millman Law Group, our estate planning attorneys use every method available to reduce probate delays and sometimes probate altogether when possible. This is because probate is subject to various factors that can draw out the process and delay the receipt of assets and inheritance. Work with The Millman Law Group to avoid the following causes of an extended probate.

Disputes Over the Estate

Disputes over the estate are among the most common causes of probate delays. This can be a challenge based on the heirs or beneficiaries or confusion over different Wills drafted by the deceased. One family member may want to admit a Will, while another claims another Will is more legitimate. 

These disputes take time because both sides typically need to file briefs with the court so the judge is aware of the details. Then, there is a court hearing where the judge hears each side’s arguments and enters a ruling on the dispute. Once the dispute is resolved, the probate case must continue with regular duties like handling creditor claims and appropriately distributing assets. 

Estate Assets

When an asset is held by another institution, such as a bank account in the decedent’s name, the estate’s personal representative and their attorney must then contact the institution and go through the process required for accessing assets. 

Selling a house or other real estate property can also cause probate delays. In some cases, the property will transfer to the beneficiaries, and they will sell the house after probate closes. In other instances, the property is sold while probate is ongoing. If there is any dispute or question about the transfer of a property, approval from the court to complete the sale or transfer will add more time to the probate. 

Can You Avoid Probate Delays? 

You can avoid probate delays by trusting an experienced and highly knowledgeable estate planning and probate attorney at The Millman Law Group. Having all documents prepared and communicating efficiently will also help move through processes faster. However, if you are drawing up your estate plan and want to help your heirs avoid probate, your lawyer can recommend the best techniques for more efficient asset transfer. This often includes using Trusts. Avoiding a lengthy probate is possible, but to do so, you need the skill of an experienced attorney.

Estate Planning Made Easy With Millman Law Group

Millman Law Group, PLLC is rare because it’s one of the only law firms that offer life planning in South Florida. From life care planning to the preparation of detailed estate plans, Millman Law Group has committed to serving Floridian elderly communities in Boca Raton, Palm Beach County, Ocean Ridge, Hillsboro Beach, and many other areas since 2018. Our dedicated team also specializes in special needs Trusts and catering to any age demographic because we know for certain it’s never too early to start preparing you and your family for your future. For the latest news in estate planning and elder care law, follow us on Facebook, Twitter, Linked In, and Pinterest. You can also contact us at 561-463-6480.