It’s only natural to be anxious to have probate close and collect your inheritance. Nobody wants to seem over-eager to benefit from a loved one’s death – but having necessary funds tied up in probate can cause families true financial hardships.
Probate is not a quick process, so it is important to understand that six to nine months from beginning to end is fairly normal. The more complicated the estate is, the longer it could take, and some estates are not resolved for years. But what if you feel it is the executor’s fault that things are moving extra slowly?
Consider whether there are valid reasons for slow progress
First, ask the executor to explain why the delays are happening. Then, decide if you consider their explanation to be reasonable and the delays out of their control.
Most executors do a good job – but some can get overwhelmed with the work. Common causes of unnecessary delays in probate can be attributed to:
- Poor record-keeping: Missing, inaccurate or poorly organized paperwork can slow a case down significantly.
- Asset mismanagement: If property in the estate is mishandled, that can cause significant disruptions to the timeline.
- Failure to seek assistance: Sometimes, executors need guidance from financial experts and others. When they don’t get it, probate can stall.
- Failures to communicate: Poor communication can lead to missed deadlines and interpersonal conflicts that cause disputes.
- General disorganization: Not everyone has the capacity to handle complex jobs, and someone with an executive functioning disorder may struggle to stay on track.
- Personal agendas: Sometimes an executor has a hidden agenda that may be causing delays, especially when they are a family member and the family dynamic is complicated.
Seeking legal guidance can help you get a better assessment of the situation. If it turns out that things are taking longer than they should due to issues with the executor, you can learn what options you might have, such as petitioning to have them replaced.