When a will goes to probate, it can take a long time before the distribution of assets starts. The probate process in Florida involves filing forms and documents with the court, and at times, this can be time-consuming.
Unfortunately, other factors may make the process even lengthier. These include:
Documentation problems
Since probate administration significantly involves the submission of documents, lacking one or having erroneous paperwork may result in a delay. An executor should gather all needed documents and file them together to avoid delays.
Nonetheless, in some instances, the court may misplace a document or lose it in the mail. Thus, interested parties should follow up to ensure everything is in order and resend copies when need be.
Conflicts between heirs
The probate process can be quicker when there are no conflicts. However, a dispute can arise, resulting in a will contest. Accordingly, the initiating and defending parties will present evidence supporting their claims. The order the judge gives will determine the direction the probate takes. And this can delay the distribution of assets for months.
Complicated assets
Undoubtedly, some testators have complicated assets, such as those that are hard to value or need to be traced. These assets can delay the probate process since, in most cases, they usually lead to conflicts. For instance, interested parties can disagree on the value of a unique asset or how to sell it.
A missing will
If the executor can’t find the will, the probate process can prolong, as they may spend a lot of time looking for it in all the possible places.
Having the right experience and knowledge when taking a will to probate can help you evade factors that can delay the process.
