Likely Causes for an Estate Stuck in Probate
In general, thorough and professional estate planning—and the system it works within—is meant to streamline the process, so that things are taken care of after expected or unexpected tragedies. While planning smooths out a lot of bumps in the road, it can’t guarantee that you won’t run into others. Sometimes an estate gets stuck in probate. Keep reading for the most common things that can cause this.
Why an Estate Might Get Stuck in Probate
There are a number of reasons an estate might get stuck in probate. We’ll go over the most common ones below, so you and your estate planner can ensure the process goes smoothly.
Partial Will
When people think of “estate planning,” a will is often the first thing that comes to mind. And while writing a will might seem straightforward, there are a lot of little things that can affect the process. If your will doesn’t include all of the properties in your estate, contradicts your existing insurance policies, and more, the process can quickly come to a halt.
Incapable Representative
It’s fairly standard to choose the eldest member of your family to handle things—but no one should make this choice automatically. Older doesn’t necessarily mean wiser, and just because someone is trustworthy doesn’t mean they’re cut out for the job of estate administrator. Make sure you pick someone who’s organized and a great communicator!
More Than One Beneficiary
It’s true in almost any situation—the more people involved, the more potential holdups. Even if all of your heirs are in agreement with what needs to happen, having multiple beneficiaries can cause snags. For example, every heir needs to be notified whenever anything is done with the estate. Signatures are required as well. That means if only four out of five heirs acknowledge and sign quickly, the process can’t move forward until the fifth heir does as well.
Family Disputes
Having multiple heirs who all agree can hold things up—so just imagine what happens when family members don’t agree. Failing to communicate with the administrator and disagreeing on how to move the process along can make it nearly impossible to get anywhere. If a family cannot agree, and they decide that all decisions will be made by the probate judge, probate can last for years.
How to Avoid Probate
What’s the easiest and most efficient way to avoid probate? Get a professional estate planner on your side. They can make sure everything is in order so you don’t have to worry. Kristin Waters Sullivan is the estate planner for you. Click here to schedule a consultation, and secure your legacy.