The legal process of distributing a deceased’s assets can become a source of stress for grieving families. Ideally, probate is a smooth, time-bound process that honors the deceased’s last wishes.
However, various factors can cause delays that prolong the emotional and financial closure beneficiaries seek. Understanding what slows things down and how to navigate those hurdles is key to making this difficult period more manageable.
1. Missing or contested will
One of the most common causes of probate delays is the absence of a clear, legally valid will. If no will is found, the estate is considered intestate, and state laws determine how the assets are distributed. Even when a will exists, someone could contest it by arguing that:
- It was forged
- It was made under duress
- The deceased was not of sound mind
The entire probate process may grind to a halt until the matter is resolved in court.
2. Complex or unorganized assets
Another delay trigger is an estate with complicated holdings, such as:
- Multiple properties
- International assets
- Extensive investments
Executors may spend months tracking down deeds, account information and titles, especially if the deceased didn’t leave an organized record of their estate.
3. Family disputes and legal challenges
Unfortunately, probate often brings underlying family tensions to the surface. Delays may arise due to disagreements over:
- Who should manage the estate
- Who should inherit what
- How assets should be valued
These disputes not only delay probate but can drain estate funds in the process.
Probate can be a time-consuming and emotionally draining process—but knowing what can delay it and enlisting legal support can make a significant difference. While not all complications can be avoided, preparation can turn a potentially stressful experience into one marked by clarity and peace.