As you may know, probate involves administering a deceased person’s estate according to the estate planning documents they left behind. In the absence of a will, probate is still mandatory, but your assets will be distributed under Minnesota intestate succession laws.
When estate complications exist or arise, they can prolong probate. Knowing about potential delay factors can help you plan around them, making things easier for your loved ones.
1. Will challenges
A primary reason for prolonged probate is will contests. Disputes arise when beneficiaries or potential heirs challenge the will’s validity, alleging undue influence, lack of testamentary capacity or improper execution. Resolving these disputes can add significant time to the probate process.
2. Complex estates
The size and complexity of an estate can impact the duration of probate. Larger estates with numerous assets, such as multiple properties, businesses or investments, require extensive valuation and distribution efforts. These complications can extend probate proceedings.
3. Executor issues
The executor plays a crucial role in managing the estate. If the executor is inexperienced, uncooperative or accused of misconduct, it can cause significant delays. In some cases, the court may need to appoint a new executor, further extending the probate timeline.
4. Distance
Delays are more likely when estate beneficiaries live in another state or country, as coordinating with them over a distance can be challenging. Additionally, if the estate has out-of-state assets, ancillary probate in those jurisdictions can prolong the duration of probate even more.
Whether you are creating an estate plan or recently lost a loved one and want to understand probate, an experienced representative can provide invaluable guidance.