What Causes Delays in A Probate Process and How to Get Past Them

The process of probate consists of carrying out and distributing the assets of a deceased person to the heirs mentioned in the will. Probate delay is an extremely stressful period where the delays can be caused due to reasons uncontrollable to the executors. The delay can go on for years. Simply put, the process is a long one—from filing petitions, to paying taxes, and filing claims. Even though there are several causes for delays, a few measures can be taken to get past them.

First, let’s take a look at what might be causing these delays:

Issues with will or improper filing of paperwork

Problems with the writing of the will can cause an issue, such as the validity, confusion regarding the valid executor, ambiguous signatures, or improper witness records. This makes the process slow, especially when it is a home-written will, and can lead to misinterpretation. Also, improper filing of paperwork will require you to start a few steps all over again, resulting in more delays.

Inheritance tax or large estates

IHT, also known as Inheritance Tax, needs to be paid when assets are valued to be more than a certain amount. Depending on your country, this amount will vary. If the will specifies estates or assets valued at more than the threshold, the process becomes complicated and leads to further delays.

Multiple Beneficiaries

If the will consists of more than 1 or 2 beneficiaries, chances are higher for the process to be stalled. This happens due to miscommunication amongst the beneficiaries, difficulty contacting them, unwillingness to respect the process of documentation, or lack of proper documentation.

Tracing of next heir or deceased executor

According to the Chain of Representation, if the executor passes away before the will is granted, a new executor needs to be appointed in order to carry the process forward. In the case that the executor is deceased and there is no will written, tracing of the heir is necessary. It is not a major issue if the heir is the spouse or the children, but in the case of relatives, a lot of documentation and paperwork is required.

Now that you are aware of the causes of delays, here are some solutions:

Get a heir cash advance

If there is a delay with the probate process, you can still inherit some part of the money from a grant. A few legitimate companies can offer you heir loan funding, wherein they buy a part of your estate and pay you the same amount while the process is on hold. There is no need to pay interest, and you can use the money as your own.

Have proper documentation

To save you time, make sure you have sufficient time to prepare the required documentation for inheritance. You also need to be aware of the executors and the validity of the will.

Seek professional advice

With complex estates and intricate Inheritance Tax, it is necessary that you seek professional advice, especially when the assets are located overseas.

Grants and will entail complex processes in the legal world, and it can take up to 5 to 10 years in the worst cases due to the above-mentioned reasons. Being attentive and acquiring more information is crucial. As always, when in doubt, make sure to seek professional advice.