Common Delays When Resolving an Estate (& How to Prevent Them)
Settling an estate can be a complicated and emotional process. Whether you’re dealing with a loved one’s will or navigating probate, delays can turn an already stressful situation into an overwhelming one. As an estate lawyer based in Tampa, I’ve seen firsthand how common issues can slow things down—but I’ve also seen how the right planning can keep everything on track.
Let’s review some of the most common delays people face when resolving an estate and, more importantly, how you can generally avoid them. Remember, should you have questions about Florida probate, ask our experienced estate planning law firm.
1. Missing or Incomplete Paperwork
One of the biggest roadblocks in settling an estate is missing or incomplete documentation. Probate courts require specific forms, account details, and other records to proceed, and if anything is left out, the process can grind to a halt.
How to Prevent It:
Gather all important documents ahead of time, including the will, death certificate, and any account statements.
Work with an attorney who can help you understand exactly what’s needed to avoid unnecessary back-and-forth with the court.
2. Family Disputes Over the Estate
It’s not uncommon for disagreements to arise among family members about how an estate is divided. Whether it’s disputes over the will, questions about assets, or concerns about fairness, these conflicts can result in prolonged delays.
How to Prevent This:
Communication is key. During the estate planning process, encourage open discussions about intentions and expectations.
If conflicts arise during probate, mediation can often resolve issues faster than waiting for a court decision.
3. Locating and Valuing Assets
Sometimes assets aren’t clearly listed or are difficult to locate, which can slow down the resolution process. Even when assets are identified, determining their value can take time, especially for property, investments, or unique items.
Ways to Alleviate This:
Keep a detailed and up-to-date inventory of all assets, including account numbers, property deeds, and titles.
Consider having assets professionally appraised during the planning process to save time later.
4. Issues with the Will
If a will is unclear, outdated, or contested, it can create significant delays. Courts may need to interpret the document, or parties may challenge its validity. This can lead to drawn-out legal proceedings here in Florida.
How to Prevent It:
Regularly update your will to reflect current circumstances and avoid vague language.
Ensure your will is properly signed and witnessed according to Florida’s laws, not where you may have resided previously.
5. Probate Court Backlogs
Depending on your state, probate courts can be overwhelmed with cases, leading to delays in processing. While this is out of your control, some actions can minimize the impact.
How to Avoid This Issue:
Explore options to avoid probate entirely, such as setting up a living trust or using beneficiary designations for certain assets.
Submit all required paperwork accurately and on time to avoid additional delays.
Receive Help with Settling an Estate
Resolving an estate doesn’t have to be so overwhelming. I work closely with clients to navigate these challenges and prevent unnecessary processing delays. From gathering documents to resolving disputes, my goal is to make the process as smooth and stress-free as possible.
If you’re dealing with an estate or need help with estate planning, let’s talk. Together, we can create a plan that protects your assets, respects your wishes, and keeps your loved ones out of a stressful situation. Reach out to Elaine McGinnis, P.A. today.