Going through a probate case can be difficult, especially when delays emerge. Delays during probate cases can create additional stress and challenges for individuals already experiencing emotional pain. With careful and well-executed planning, however, these delays can be managed in a timely and efficient manner. In this blog our Dallas, TX probate lawyer goes over some of the top probate delays and how to deal with them.
Unclear Or Invalid Wills
To begin, one of the most time-consuming delays in a probate case occurs when there is an unclear or invalid will. If a loved one passes away and their will is missing—in Texas, for example—their estate will be passed on to the courts for distribution of assets. If the will is unclear or difficult to interpret, a court may be necessary to review its ambiguity. To avoid this delay, it is important to draft a clear will prior to a loved one’s passing. Sometimes you may not have the luxury of time to complete this, so now is the time to get it done. It is crucial to understand how vital a clear will is during a probate matter, so make sure to have a completed, clear will drafted as soon as possible.
Disputes Among Beneficiaries
The next delay involves disputes among beneficiaries of the will. It is extremely common in a probate case for family members or beneficiaries to dispute the distribution of assets. This can hinder the process immensely, as in many states and countries, beneficiaries are able to challenge wills. To avoid this, it is important to have a clear, concise will that explicitly demonstrates who receives your assets and where they go.
Court Approval Delays
Another delay involves gaining the court’s approval for certain actions. Certain actions, such as independent administration, require court approval before proceeding further. This means that the executor (the individual in charge of managing the will) must obtain court approval before making certain decisions regarding the estate. An example of this would be selling property listed in the will. When planning this process with an attorney, consider independent administration because it requires far fewer matters to be approved by the court.
Unpaid Taxes Or Debts
The fourth delay I will discuss is one of the most important to address—unpaid taxes or debts. Before the assets of the deceased are distributed to the beneficiaries, all unpaid taxes and debts must be resolved. If this is not handled properly, probate cases will be delayed. To avoid this, the executor should pay careful attention to any taxes or debts the deceased may have had. If any exist, the executor must make certain funds are set aside early in the probate process to manage this step in a timely manner.
Problems With Non-Probate Assets
The fifth and final delay involves potential problems with non-probate assets. Non-probate assets may include jointly owned properties or payable-on-death accounts that are meant to be transferred outside of probate. Although this may seem less important because these are non-probate assets, confusion or disagreement over them can still arise. To avoid this, it is important to clearly label all non-probate assets in the will and communicate this information to the beneficiaries.
Planning Ahead For A Smoother Probate Process
All of the delays discussed above can cause serious complications during an already difficult time for beneficiaries. It is important to address all of these potential issues during estate planning to prevent additional struggles or stress for loved ones.
Brandy Austin Law Firm is led by Brandy M. Austin, a seasoned attorney with over 16 years of legal experience. She is licensed to practice throughout Texas and has admissions to multiple U.S. District Courts, including the Northern, Eastern, and Southern Districts of Texas. We are a full-service law firm offering legal representation in various practice areas, including family law, personal injury, estate planning, probate, business law, civil litigation, defamation, elder law, guardianship, limited scope services, and immigration. We are here to help. Reach out to us today or whenever you are ready
References
10 Common Probate Delays in Texas and How to Avoid Them. (2024, October 24). https://haileypettylaw.com/probate-delays-texas/