The moment you go for probate, the question that comes first to your mind is how much time the process will take to complete. Will it be long? When would I finally acquire the right on that asset? You are not the only person who is worried about all these. Almost all the beneficiaries think of this issue whenever probate is going to execute. But there is no straightforward answer to it. It depends on many factors. The intestacy law of your state, the arguments among the successors, the status of the entire estate, debts, taxes, and other outstanding dues are the common factors that delay the process. However, it is wise to hire a professional having expertise in probate related legal matters. A can guide us to proceed in the right manner to get everything probate attorney near me 11580 one quickly and without much conflict among the shareholders.
To guess how long the probate will last, some key factors might give you some clue. Keep on reading. Probably you would get some idea of how you can shorten the process to some extent.
The Size of the Decedent’s Wealth
If the deceased individual has a property that doesn’t look worth too large, and the person is dead for quite some years, the probate process will get over within a few weeks. The process will run smoothly if no undesired obstacles slow it down.
Based on the size of the property and attribution, it may take something between a few weeks to a few months. This is the fastest way to finish the whole probate processing you can imagine. The probate attorney near me 11580 is the best person who can provide you the true picture, how much time the process is going to consume actually.
Number of Beneficiaries and the Place They Reside
A typical probate process follows certain procedures step by step. First of all, the potential beneficiaries will receive a notice from the probate court. They need to submit the necessary documents to the court. If they live in the surrounding places, they will be able to submit them fast. But if some of them live in other states, the process will naturally get longer.
Moreover, the number of successors is also a crucial factor in determining the durability of the probate. If the decedent would have mentioned more family members and relatives to divide his wealth, the more time it will take.
Probate Attorney Decides the Occurrence of Will Arguments
Any of the beneficiaries can raise queries about the Will. After receiving the probate notice from the court, any such successor who has any doubt on the Will can oppose the Will within the stipulated time period. It is pretty common that heirs, who are not satisfied with their inheritance mentioned in the Will, challenge it.
This type of challenge lengthens the process for sure. This will create conflicts and arguments among the heirs and will take time to be resolved. Consequently, the entire process will be delayed. A probate attorney near me 11580 can lend his helping hand to resolve these issues fast.
The Type of Estate Content According to Probate Attorney
The property does not only mean bank deposits, jewelry, or real estate. It also includes family businesses, bank accounts for business-related transactions, and timeshares. This type of property will take more time to sort out. Especially if there is some confusion on some aspects which are not clearly understood from the deceased person’s Will.
Outstanding Taxes, Income Tax Returns, Unclear Debts
Some regular bills might be due as on the date of death. The income tax return file is to be submitted for the year of death. Some of the real estate property might have some disputes which need to be fixed. Also, there could be one or more debtors who owe money to the decedent. All these pending dues should be paid first from the owner’s estate fund. These all are time-consuming. The personal representative or the executor will have to do this on the owner’s behalf as the probate attorney near me 11580 advises.
Not Having a Potent Probate Attorney
Regardless of how long it will take to finish the probate process and to possess the inheritance, you should prepare yourself with a proper understanding of the legal issues which might arise at any moment. An experienced law professional is highly recommended to overcome these issues. Not hiring an attorney for the probate will be a blunder, and it will delay the process to a great extent.