• <Frye, Fortich & Garcia, P.L.

    Blog

What are the common reasons for a delayed probate process?

On behalf of Law Offices of Frye, Fortich & Garcia, P.L. | Oct 28, 2020 | Estate Planning

At least a portion of most people’s estates need to go through the probate process at the end of their lifetime. Probate can be take time and be costly because of the court administration that is involved.

If your loved one has recently passed and their assets are going through the probate process, the length of time that this will take will depend on several factors. The following are some of the most common reasons why the probate process becomes more drawn-out.

Assets are held over multiple states

Different states have different processes and laws that dictate how assets should be dealt with. Therefore, if a deceased person had most of their assets in Florida but also had a property in New York, this property may need to go through an ancillary probate process.

Estates include unusual assets

When unusual assets such as antiques, art or collectibles are held within the estate, the estate may take longer to value. Experts may be required to form an accurate valuation of these assets.

Estate beneficiaries are in a dispute

Conflicts between beneficiaries can lead to particularly long delays in the probate process. The personal representative may encounter difficulties in taking any action without gaining permission from the probate judge first.

There are conflicting wills

When more than one will exists, the most recent version will be observed. However, when the most recent will is not entirely clear or has signs of being subject to undue influence, it may be contested by a beneficiary.

If you are eager to speed up the probate process of your loved one’s estate, you should consider the specific challenges that apply to their estate.

Blog Category: 

What Our Clients Are Saying

  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date... — Robert
  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date.. — Robert
  • It is difficult enough to cope with the emotional challenges of closing a parent’s estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings... — Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)... — Mark S
  • I’ve been a client of Austin Frye’s for over 10 years. In that time, he’s handled my estate/trust planning and asset protection as well as complicated business deals. — Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son’s future well-being. — Dr. Howard

Read more ...

NYSBA
massachusetts bar association
The Florida Bar
CFP
Florida Bar
AFELA
Florida Bar
NAELA
map

Get In Touch With Us

20900 W. Dixie Highway
Miami, FL 33180
Phone: 305-931-3200

Subscribe for valuable legal updates

© 2024 by Law Offices of Frye, Fortich & Garcia, P.L. All rights reserved. Disclaimer | Privacy Policy | Site Map


Contact Us
305-931-3200