When Sarah’s dad passed away, she thought things would be simple. Her dad had a will, and Sarah and her brother were the only kids. She figured they’d take care of some paperwork, pay off a few bills, and be done in a few months.
But months later, Sarah found herself frustrated and confused. The probate process—the court-supervised way of handling someone’s money and property after they pass away—was dragging on and on. She couldn’t pay certain bills because accounts were frozen, and she felt stuck in a waiting game she didn’t sign up for.
If you’ve ever been in Sarah’s shoes, you know how stressful this can feel. Probate can take up to a year (or more!) depending on where you live. And while every case is different, here are the five big reasons probate can take so long.
1. The Mountain of Paperwork
Sarah was shocked at how many forms needed to be filled out: lists of bank accounts, property records, court papers, and even letters to creditors. It seemed like as soon as she sent one form in, another one popped up.
2. Complicated Property
Her dad owned a small business and a vacation home in another state. That meant appraisals, extra paperwork, and more professionals involved. The more complicated the estate, the slower things move.
3. Busy Courts
Sarah thought things would move faster once she filed everything. But probate courts handle thousands of cases, and every step needed the court’s stamp of approval. Waiting on the court often felt like waiting in the world’s longest line.
4. Family Disagreements
Thankfully, Sarah and her brother were on the same page. But not every family is. Sometimes relatives argue over the will, claiming the person wasn’t thinking clearly, was pressured, or even tricked. These battles can add years to probate.
5. Time for Creditors
Even though Sarah wanted things wrapped up quickly, the law required her dad’s creditors to be notified. They had months to file claims—sometimes up to nine months—before probate could close. Until then, she couldn’t move forward.
A Better Way: Trusts
Looking back, Sarah wishes her dad had created a trust. With a trust, money and property don’t go through probate at all. Instead, the trust explains what happens next, usually much faster, with less stress, and without the long wait in court. Plus, everything stays private.
Take Action Now
If you feel like Sarah—stuck waiting on probate—we can help you move things along. And if you’d like to make sure your family never has to deal with this long, stressful process, we can help you set up a trust.
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