Factors That Lengthen Probate and Assistance a Probate Lawyer Provides

According to the American Bar Association, the length of time for probate for an average estate is between six and nine months even with a probate lawyer. In contrast, the Estate Exec conducted a survey in 2018 that found these settlements, on average, usually take 16 months.

When it comes to how long the process takes, you will find that your state’s probate laws play a part in the length of the process. If you have no siblings, and there is a will, the probate process can be over in as little as three weeks. At a minimum, though, you should expect 8 to 12 weeks. So what are the variables that impact the length of the probate process?

The Probate Laws of Your State

Probate rules are different in different states. In states like Texas, you will find that the process is simplified in a way that there is not a lot of court oversight. As a result, probate could be done in a few weeks. In states with more oversight, the process could take a maximum of two years.

The good news is 18 states are working to simplify their probate process through the Uniform Probate Code (UPC), which is approved by the American Bar Association. Whether these states have adopted the UPC partly or wholly, they have improved the process, shortening the amount of time necessary to complete probate.

If the assets of the estate are in multiple states, this can make the probate process less streamlined. For example, if most of the assets are in Texas, including the primary home, you will have to start primary probate proceedings in Texas. If there is a vacation property in Florida, you will then have to initiate ancillary probate proceedings in Florida.

The Size and Value of the Estate

Not only will you have to consider the state you are involved in probate proceedings, but you will also have to factor in the size of the estate. More assets mean more time for decisions to be made. It also means more paperwork.

The value of the estate can take precedent over the number of assets. So if the estate has a value under $500,000, the proceedings can be wrapped up in less than 14 months. For estates that are worth more, the process can take 16 to 42 months.

In order to figure out how much the estate is worth, it really depends on what kind of assets are involved. Certain laws determine which assets need to go through probate and which ones don’t need to.

A house almost always needs to go through the probate process. This is an almost universal requirement. There are some states, however, that make it possible to shorten or forego probate proceedings for properties that are considered low value.

In Arizona, an estate that is less than $100,000 only requires that you turn in a small estate affidavit to get your inheritance.

Heirs Can’t Agree

The more heirs and beneficiaries are involved, the longer the probate process can take. Even if the estate is of lesser value, the process can still take a long time depending on the number of beneficiaries. If all the heirs are working together, the probate process can be completed in a shorter period of time.

It is normal for siblings to fight. However, it can be an issue because it can sometimes bring the probate process to a halt. The biggest problem can be when one of the beneficiaries contests the will, but smaller issues can also delay probate. Something as small as arguing over the budget for replacing the flooring in the house can derail the process.

The Will and a Probate Lawyer

Usually, conflict can be resolved by a will. The estate executor can also make a deciding vote. There may be a situation, though, when the will isn’t clear enough. It may not be properly signed or notarized. There may not even be a will.

A will makes the probate process easier and shorter. A will that is created properly will have specific instructions from the decedent on how the estate should be dissolved. A personal representative or executor is also named in the will to lead the proceedings.

Even with a valid will, you may still have to go through probate. With certain estates, you may need probate as a way to carry out the terms in the will. This is especially important if the decedent has debts that need to be paid off. This needs to be done before the beneficiaries can take the assets for themselves.

Certain mistakes in a will can make probate necessary. If the decedent didn’t sign the will properly or have a witness for the signing of the will, this can be an issue. Another issue is the decedent didn’t update the will.

Even if the will is valid, beneficiaries can still contest it. They could claim that the only reason the decedent signed the will is that he or she was coerced. They can also say the decedent was mentally incompetent or was unaware of what was written in the will when he or she signed it. Contesting a will isn’t recommended. The legal costs to put in a complaint and uphold the will can deplete the value of the estate.

If there is no will and no beneficiaries, the state will get the estate. However, if there are family members, the state will use the probate process to disperse the estate. Depending on the state, intestate succession laws usually dictate the process when there is no will.

For small estates, even if there is no will, probate is not always necessary. In some states, the probate process is either simplified or removed altogether for low-value estates. It may even be possible for some larger estates to qualify for the simplifications that small estates can use. A probate attorney can help with this process.

A House Is Involved

If the estate includes a house, probate is almost always necessary. This is because selling the decedent’s home is a part of dissolving the estate. Selling a house can be a long and difficult process, especially during probate.

You are not legally allowed to do anything with the house until you are the personal representative or executor. You can’t hire a real estate agent. You can’t even clean it or paint it. You can use a probate agent to figure out the value of the home. If the home has a low value, you may not need to go through the probate process.

If the decedent’s house is in a living trust, the appointed successor can manage the trust after the decedent dies without having to be appointed by the probate court. If a married couple owns a home together, probate can also be avoided. Estates that allow for transfer on a death deed or a beneficiary deed can avoid probate.

In Conclusion

There are a few things that determine the time it takes to go through probate. Probate laws vary from state to state. The size and value of the estate can affect the time probate takes. Beneficiaries disagreeing and issues with the will can also affect processing time. If a house is included in the estate, it can also cause a delay.

A probate attorney can help with this process. Finding a probate attorney in Las Vegas is possible. A probate lawyer in Las Vegas will make the probate process more time-efficient. This way, you won’t be spending more time in probate court than you need to. Contact a probate lawyer today.

Estate Planning Attorney in Las Vegas: Avoid These Errors

One of the most common misconceptions regarding estate planning is that only the wealthy should create an estate plan. However, this process should also be practiced by anyone who has assets or a family. The reason for that is because anything that you do not place in writing will be decided by the government. That, of course, is not something you want your family to have to deal with after you pass. However, according to an estate planning attorney in Las Vegas, creating an estate plan can be both a daunting and complicated experience. Thus, the following includes some of the most common estate planning mistakes and how you can avoid making them.

Start Your Estate Planning With Assistance From an Estate Planning Attorney in Las Vegas

As stated above, starting an estate plan when you have had no prior knowledge of making one can be a very complicated experience. That is why the first estate planning mistake people make is not seeking the advice of an estate planning attorney in Las Vegas. Even if you’re looking to only add a few items to your estate plan, experienced estate planning attorneys in Las Vegas can provide you with critical advice on what you should and shouldn’t add to your documents.

Not Considering the Successors

The natural order of succession is the spouse or the oldest child in the family. This is the order of successors that people, and even the courts, often take when considering who obtains power over your estate. However, just because someone has that role does not mean that he or she is going to be the best person for the job. Not only does this person inherit your assets, but he or she will also likely be placed in charge of taking care of debts and paying other family members what you promised in your estate plan. If the person does not have the maturity to take on this very serious role, it may be better for you to look at other people in your family to appoint as the successor to your estate.

Confusing an Estate Plan With a Will

When it comes to an estate plan, it should never only include a will. Many individuals make the mistake of believing that a will is actually the estate plan. That, of course, is wrong. If you only have a will set up, this means that your family is highly likely to have to go through the probate process. Not only can this create various internal fighting, but it can take months until they see any of your promised assets. A proper estate plan will involve several other items within it that may address issues such as:

Power of attorney for finances
Power of attorney for health care
A revocable living trust

Not Communicating With Your Family

If you’re an owner of multiple properties, you may be planning to leave them to your children or spouse. However, going this route can be more of a burden than a benefit to your children, especially if they’re already adults. For example, if your adult child inherits a home, he or she is not likely to want to move into it but would still have to pay property taxes and other maintenance fees on it. This may not only place a financial burden on him or her, but it can also lead to your properties being neglected. That is why it is so important to communicate with your family about what you’re putting in your estate plan. Take the time to ask them about their wants, needs and concerns over what you are offering them. This can greatly improve your estate plan and potentially save your family from having to fight over property.

Not Updating the Estate Plan

So you’ve consulted with a firm containing estate planning lawyers in Las Vegas and have your document ready. This means that you can rest now, right? Well, the answer to that is yes and no. If you’re still young, completing your estate plan is not enough to protect your family and your assets in the future. An estate planning lawyer in Las Vegas would recommend that you continue to update your plan every few years. This is because things in your life are going to change. This can be anything from a divorce to the birth of a new child. Not updating your estate plan can often lead to confusion and various legal battles when you pass away. In other instances, someone who is no longer in your life or who has passed away is still included in your estate plan, granting him or her the legal standing to claim the assets promised to him or her.

Factors That Lengthen Probate and How a Probate Lawyer Can Help