Perhaps the most often question asked of a probate attorney in Sacramento is “how long does the probate process take?” This is a valid question as the heirs to an estate are understandably anxious to wrap the affairs of the deceased up, however there is no easy answer to the question as there are a number of factors that may have an impact on how the process goes.
Beneficiaries:
Where the named beneficiaries live and the number of them is extremely important in trying to determine a time line; the farther people live away and the greater the number of beneficiaries there are the longer the probate process will take. Distance and number are not impediments, they do not necessarily complicate the issues, it just means that it takes time to advise everyone and to get necessary documents sent back and forth when there are a large number of people involved.
Disagreements:
Trying to get multiple beneficiaries to agree on everything can be difficult, the more named beneficiaries there are, the more difficult it becomes to agree. It is not rare for one or more of the beneficiaries to actually engage their own attorney to monitor the process, it is unfortunate but these lawyers can drag the process out with constant nit-picking and the use of other delay tactics.
Contested will:
It is to be expected and it is perfectly legal to contest a will where there appears to be circumstances to warrant such a move, such as:
• Improperly signed according to proper legal formalities
• Fraudulent will
• Signed under duress
• Lack of mental facilities to make a will
If the will is contested, probate can drag on for a very long time.
Taxes:
Many individuals plan their estate so that taxes are not an issue, this can speed up probate considerably over the disposition of an estate which is taxable. It is not possible to close an estate until such time as all tax obligations are met and approval as been received for the tax authorities to that affect.
Complicated assets:
In most cases a will is quite simple and there are only a few of the basic assets such as a house, a couple of bank accounts and perhaps a car or two. This being the case a probate attorney in the Sacramento area can usually wrap up the proceedings quickly. If the estate is complicated however, perhaps the deceased was part owner of a family business for example, it can take longer.
Generally speaking; if the beneficiaries are all of one mind, there are no taxes to contend with and the assets are simple the entire process can be wrapped up in less than a year otherwise the time can be literally indeterminable.
