Why does probate take so long?
Kimberly Ann Bastes
Why does probate take so long?
Probate is the process of settling a person's debts and distributing their property after they've passed away. If you're thinking, "Okay, so why does it take so long? It seems pretty straightforward," you're right: in theory, it should be pretty simple. But there are some things about the legal system that make it take longer than you might expect.
This isn't just a problem for people who have recently lost a loved one; there's a good chance that as you get older, your parents will be moving into one of these situations. So let's break down what happens in probate, why it takes so long, and how to keep from getting stuck in the middle of all this.
The process of probating a will and settling an estate is known as "proving a will." When someone dies, the executor must gather up all of their assets and debts, distribute them to their beneficiaries, and then file all the relevant paperwork with the court. The process varies according to state laws, but can involve paying off creditors and taxes; gathering certain documents from everyone involved; submitting to an inventory of the deceased person's assets and debts, and having a formal court hearing at which the executor must answer questions about his/her actions so far. It's a lot of work for one person to handle on his or her own.
The probate court is where the executor has to go to officially close the estate after everything is settled. This ensures that everything is done properly—i. e according to the law—and lets everyone know who gets what and when it will be formally transferred from one person (the deceased) to another (the beneficiary). The probate hearing is also where any outstanding lawsuits against the deceased get settled. For example, if a bank loaned money to the deceased in life and now wants it back in death, it will have a case against him/her in probate court.
If you need probate lawyer, please call this law firm for a free consultation
Parklin Law
5772 West 8030 South, Unit N206,
West Jordan, UT 84081
(801) 618-0699
parklinlaw.com/