While everyone understands that probate can take time, there are certain situations that can lead to significant delays. Understanding what can delay probate may help you to not only deal with the process should it happen to you, but also take the steps necessary to avoid it when possible after a loved one passes away. Here are some of the reasons why probate may be delayed or take much longer than you would otherwise expect to be completed.

Paperwork Problems

One of the biggest single factors for probate delays is problems with the initial probate paperwork. If the paperwork was filled out incorrectly, not filed in the right county, or otherwise inaccurate, you'll face delays with the process until that paperwork is corrected.

Along with court paperwork issues, another paperwork problem that can delay probate is the presence of more than one will for the deceased. If it isn't clear which will is the most current and accurate one, this can lead to delays in the probate process while the courts work to determine which of the wills should be adhered to.

You can minimize some of these issues and delays by reaching out to a probate law attorney before you start the probate process. Having a lawyer help with the paperwork, court proceedings, and will management will simplify the process.

Contested Will

Any time someone contests a will during probate, this will delay the process while the court hears the substance of the dispute and makes a determination. It will take time for the court documents to be filed for the contest, a hearing to be scheduled, and a court ruling to be issued. During this time, the probate process is halted pending that ruling.

Executor Issues

If the named estate executor is unwilling to serve in that role, hostile about the process, or simply lackadaisical in the proceedings, you may find that probate takes far longer than it otherwise would need to. That's because the executor must handle several steps along the way, and if those aren't done in a timely manner, probate moves much slower than it otherwise would.

In cases where the executor is unwilling to serve, a new executor must be appointed, and this often requires the court's intervention first. That means waiting for time on the court docket, completing the hearing, and awaiting a determination.

Beneficiary And Estate Trouble

In cases where there are many beneficiaries named in the will, or the estate is particularly large or spread across multiple states, the probate process will be lengthy. The court will need to evaluate each beneficiary's distribution, potentially litigate the estate in more than one state, and then finally consolidate everything. 

These are only some of the most common reasons for probate delays. With so much unpredictability, it's in your best interest to work with a probate attorney as soon as possible to help the process go as smoothly as possible. Contact a probate law attorney for more information.