When a loved one passes away, their assets will have to go through a complex process known as probate before they can be distributed to their heirs. Because it involves a wide variety of elements, from settling the decedent’s debts to completing an inventory of their belongings, probate administration can take several months or even years to complete. Here are some of the factors influencing how long probate might take.

3 Elements That Affect the Duration of Probate

1. Whether the Decedent Wrote a Will

Writing a will gives you the control over who receives your belongings after death and can expedite the probate process for your beneficiaries. Without a will, the court will have to appoint an executor to oversee the probate administration and determine who should receive the decedent’s assets. This might involve several court appearances and considerable delays, especially if beneficiaries are involved in disputes over the assets.

2. A Relative Challenges the Will

The first step in probate administration is submitting the decedent’s will to the court. If the will was prepared with the help of an attorney, family members may not be able to challenge its contents. However, they may argue that the decedent was mentally impaired when they signed the will, that the will was improperly witnessed, or that a more current version of the document exists.

3. The Complexity of the Estate

Simple estates, consisting of a home, some savings, and tangible property can be processed fairly quickly. However, a diverse investment portfolio with assets in other jurisdictions can dramatically complicate the process. For instance, the estate may also have to go through probate a second time in another state if the decedent owned a vacation home there.

Probate administration can be daunting and confusing, especially when you’re also processing the grief of losing a loved one. If you’ve been named the executor of someone’s estate or need help contesting an invalid will, the legal professionals at The Law Offices of Katzman, Logan, Halper and Bennett, LPA in Cincinnati, OH, are ready to provide the individualized attention and quality legal counsel you deserve. Visit their website for an overview of their estate planning services, or call (513) 793-4400 to schedule a consultation.