Probate taking too long?

What Heirs Need to Know

When a loved one passes away, many heirs find themselves frustrated with probate taking too long. Delays, unanswered questions, and mounting bills can make an already difficult time even more stressful. Understanding what probate is, why it takes so long, and what you can—and cannot—do as an heir can help you navigate the process more confidently.

What is Probate?

Probate is the court-supervised process of settling a deceased person’s estate. During probate, the court validates the will (if one exists), appoints an executor or administrator, identifies and values assets, pays debts and taxes, and distributes the remaining property to heirs. While probate protects heirs and creditors, the formal steps and mandatory waiting periods often contribute to probate taking too long.

Why Probate Can Take So Long

Probate follows strict timelines. Creditors must be notified and given several months to submit claims, even if no debts exist. Estates with real estate, business interests, or hard-to-value assets can take even longer. Disagreements among heirs, missing paperwork, or tax issues can also delay the process. These procedural steps often make probate feel frustratingly slow, even though the delays are not personal.

What to Do If the Executor Is Not Responding

An executor not responding is a common cause of delay. Executors have a legal duty to manage the estate but may be grieving or unfamiliar with probate rules. While heirs cannot demand immediate distributions, you can request written updates, ask for an accounting, and, if delays are extreme, petition the court to intervene.

Paying Bills During Probate

A frequent concern is paying bills during probate. Heirs should generally not pay estate bills themselves. Ongoing expenses like mortgages, utilities, insurance, and property taxes are usually paid from estate funds by the executor or administrator. Until probate closes, heirs cannot access accounts or make financial decisions without proper court authority.

Options for Heirs Facing Financial Pressure

If probate taking too long is causing financial strain, some heirs consider personal loans. However, these reduce future cash flow and require repayment with interest. An alternative is an inheritance advance. This is not a loan. Instead, you receive funds now from a buyer in exchange for assigning a portion of your future inheritance. While helpful for immediate needs, inheritance advances reduce the total amount you ultimately receive.

Planning Ahead to Avoid Delays

Heirs who prepare assets and financial documents in advance can avoid needing an inheritance advance in the future. Staying informed, gathering documentation, and knowing your rights can make probate taking too long feel more manageable.

For heirs who want to plan ahead and understand how to manage estate assets effectively, read more on Williams’ site for investment guidance and financial preparation tips.