Traditionally, there is no standard time frame about how long a probate court takes, primarily because the time to finalize a case is not definite like any other court proceedings. However, on average, a probate court is expected to take between three to six months for you to get all the demanded paperwork handled, especially if you’re dealing directly with the probate registry officials and representatives. Because of this complexity and other factors, below is everything you should know about a probate court and how it takes place, especially since an expert from Inheritance Advanced explains the probate process details clearly.
What Is a Probate Court?
In a simple definition, a probate court refers to a court of law that handles and deals with property matters and the debts of the dead. Usually, the law terms and defines a probate court as an arm of the law where your legal presentation handles and carefully considers fundamental roles of judges assuring the deceased individual creditors that their debts would be paid. The court also deals with issues concerning a deceased person’s remaining assets, especially how they should be distributed and shared with beneficiaries.
The Time a Probate Court Takes in the Event of a Will
Commonly, most legal representatives and state laws consider a will as a means of fastening a probate court. However, this is not always the case. Traditionally, your probate court can be different based on the circumstances for the cause of death of the deceased, the terms of debts and assets involved, and other factors like the current ground laws. Still, the general time frame a probate court takes when there is a will is usually nine to twelve months, primarily if the matter is handled by the grant of probate officials or an estate management processing representative, especially for assets distributions.
Nonetheless, a probate court can take longer than you’d anticipate considering some factors that usually cause delay. For instance, if the probate court involves a property that needs to be sold, but there are challenges about the selling process, a delay will be automatic in this case.
Factors That Usually Affect the Time a Probate Court Takes
Besides issues and challenges about selling a property of the deceased and the presence of a will, other factors that typically affect the length a probate court takes include:
The State’s Probate Court Laws and Regulations
Like other court proceedings, every state is always confined to individual laws and regulations governing its people, and the same applies to probate courts. The main reason why there is no standard time as to how long a probate court takes is that different states have different laws and regulations about the matter. For instance, in the United States, places like Texas are famous for having simplified their probate court regulations; hence if you’re a resident of Texas, expect a probate court to take as less as a few weeks for completion. Contrarily, in other places, it can take months or up to two years without finalization.
However, the court’s time is usually short for Texas residents if the deceased had all their assets like homes within the state. If this is the case, you will need to open a primary probate court proceedings with the court and legal representatives within Texas and find a second probate proceeding application within the nearest neighborhood, usually in Florida. The second proceeding application is generally called an ancillary probate proceeding. Generally, you’ll need an ancillary probate proceeding application if the deceased you’re representing owned estates or other properties and assets in another state.
The Size of the Property in Question
Usually, the more assets involved, the more factors to be considered and decisions to be made. This also means more paperwork will be involved; thus, the case will automatically take longer than you anticipate. However, based on your state laws and the ground rules at the time of the probate court proceedings, the number of assets don’t usually matter but their value.
Misunderstandings Among Beneficiaries
Another factor that will lengthen or delay a probate court is the presence of conflict among heirs. Usually, most states look at the number of heirs involved and the value of assets to be shared among them. When the law determines high chances of conflicts among heirs, the proceedings are always delayed until the law finds a way to minimize the odds of disputes among beneficiaries.
In summary, the length a probate court takes is determined by factors such as the odds of conflict among beneficiaries, the locality of the dead person’s assets, and the size of the property in question.
