HELP! This Probate Is Taking Forever!!!

Someone dear to you passes on, therefore, that person’s estate must be settled. The majority of people involved with the estate would desire the settlement process to be finished ASAP. However, this process has a timeline of 1.5 to 2 years and this requires a lot of patience and understanding, and the possibility of stress and frustration can definitely arise from it.

5 Reasons Why This Process Takes So Long

Here are five of the many reasons it can take a very long time:

  1. Managing probate required paperwork can be a monumental undertaking with structured timelines and court-imposed deadlines.
  1. Estates with numerous or complicated assets simply take longer to process 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 varies from state to state as well, but it is generally six to nine months.

The bottom line is that, while most state 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 this lengthy process with a Trust Is Better

As simple as it sounds, putting assets in the trust is effective. The probate administration has a timeline of six to eight months which means the steps to take in the court will not be delayed, costs are minimized, assets are distributed faster and emotional being can be sound.

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 burdens 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 it with a trust.


Please call (909) 256-6702 to discuss your questions and schedule a free consultation:
Trust and Estate, Elder Law, Special Needs, Conservatorship, Trust Administration and Probate in Los Angeles, San Bernardino, Riverside, Orange and San Diego counties. We offer flat, hourly and contingent fees, based on the type of matter.




341 W. 1st St. Suite 100
Claremont, CA 91711

MARIVEL M. ZIALCITA is the founder of MMZ LAW, A Professional Corporation, where she practices in the areas of trust and estate, elder law, va benefits, special needs, conservatorship, trust administration and probate. Ms. Zialcita is a frequent speaker on trust and estate matters and holds memberships in the State Bar of California, Trust and Estate Section, The San Bernardino County Bar Association, Wealth Counsel and Elder Counsel. She currently assists in the pro bono legal services program at the James L. Brulte Senior Center in Rancho Cucamonga, California. She is based in Claremont, but assists clients throughout Southern California.

This information is educational information only and not legal advice.