After a loved one dies, their money and property that goes through probate must be distributed to the people legally entitled to it, either according to a Last Will and Testament or the state’s default distribution scheme (found in its intestacy statute). While most people want the settlement process done as soon as possible, probate can take up to 12 months in some states. The time delays create unnecessary stress, especially for families who need access to those accounts or property to pay their deceased loved one’s taxes, expenses, or legally valid debts.

5 Reasons Probate Takes So Long

Here are five of the most common reasons the probate process may take so long:

While most state laws are designed to keep the probate process moving along in a timely manner, that is not always the reality.

Simply Put, Avoiding Probate with a Trust Is Better

Simply put, creating a trust to hold accounts and property can avoid the long, complicated probate process. When a person creates a trust and funds it by transferring all of their accounts and property into it, those accounts and property are treated as being owned by the trust rather than the deceased person, which means they do not need to go through the probate process. Their distribution is controlled instead by the instructions in the trust agreement. Administering a trust instead of going through the probate process is usually quicker — meaning beneficiaries receive their inheritance much sooner (depending on the trust’s instructions). In addition, costs can be reduced and stress levels minimized, and the trust can be administered away from the prying eyes of the probate court and the public.

Take Action Now

If you need help administering your deceased loved one’s probate estate, we can help you move the process along. We can also help you ensure that you never burden your loved ones the way you have been burdened: We will show you how to avoid probate with a trust. Give us a call today.