HELP! This Probate Is Taking Forever!!!

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HELP! This Probate Is Taking Forever!!!

 

After a loved one dies, her estate must be settled. While most people want the settlement process to be done ASAP, probate can take between 8 and 12 months. Yes, you heard that right. The time delays create unnecessary stress.

 

5 Reasons Probate Takes So Long

 

There are many reasons why probating a will takes so long. Here are five of the most common:

 

  1. Paperwork. Managing probate-required paperwork can be a monumental undertaking with structured timelines and court-imposed deadlines.

 

  1. Complexity. Estates with numerous or complicated assets simply take longer to probate as there are more items to be accounted for and valued.

 

  1. Probate court caseload. Most probate courts are dealing with high caseloads and limited staff.

 

  1. Challenges to the will. Heirs, beneficiaries, and those who thought they’d be beneficiaries, can object to and challenge the will’s terms and legality. While state law dictates how long they have to object, will challenges can add years to the process. Common challenges include that the testator was:

 

  • Lacking testamentary capacity
  • Delusional
  • Subject to undue influence
  • A victim of fraud

 

  1. Creditor Notification. A will’s executor must notify the decedent’s creditors so they have time to submit claims for debts. This time period can and does add months to the process.

 

The bottom line is that, while Georgia’s probate laws are designed to keep the process moving along in a timely manner, that’s more of a plan than a reality.

 

Simply Put, Avoiding Probate with a Trust Is Better

 

Simply put, having assets in a trust is better. Administration generally only takes days instead of months – meaning that the process is not tied up in court, beneficiaries get assets faster, costs are reduced, and stress levels are kept to a minimum.

 

Take Action Now

 

First, if you need help settling a probate estate, we can help you move the process along and remove some of the burden so you can move on with your life. Second, we can help you make sure you never burden your loved ones the way you’ve been burden. How? We’ll show you how to avoid probate with a trust.

 

Call us at (678) 809-4922 for a free consultation or get our book, Estate Planning for the Modern Family, to learn more !!

Marietta Estate Planning Lawyer

John P. Farrell, Esq.

 

Mr. Farrell is the author of Estate Planning for the Modern Family: A Georgian’s Guide to Wills, Trusts, and Powers of Attorney.  You can learn about his book here and learn more about John here.  Join the more than 1,000 people who subscribe to his Newsletter here.  Feel free to send John a message here.

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