Protecting Your Legacy

What factors effect probate length?

by | Apr 18, 2022 | Probate & Estate Administration |

Those who find themselves navigating the probate process likely wonder how long it will take. The answer will vary depending on a number of factors, including the following.

#1: State law.

One of the biggest predictors of how long the probate process takes is state law. Texas state law is relatively simple and has minimal court oversight. As a result, in some cases the probate process can take a matter of weeks. Whether or not this applies to your situation depends on the role of the other factors that can affect the process.

#2: Other estate planning documents.

The amount of time it takes to go through probate can be greatly reduced if the estate owner used other estate planning tools, like a will or trust. In fact, people can avoid the probate process completely if they use these legal tools wisely.

#3: Beneficiaries.

Are you an only child or were there more? Are there any stepchildren or other potential beneficiaries? The more who stand to gain from the estate, the longer it will likely take to get through the probate process. Another key factor within this category is whether or not there is conflict. If all the heirs agree with the handling of the estate, it can move along rather quickly. Conflict will slow the process down.

#4: The assets within the estate.

The type and value of assets within the estate can also impact how long the probate process goes. A large estate with a lot of complicated estate like real estate in multiple states will take longer than a relatively simple estate.

Although this information helps to provide a better understanding of what impacts the probate process, going through probate will likely remain an intimidating endeavor. Thankfully, it is not something you need to go through alone. Legal counsel can help guide you through the process, better ensuring it is done efficiently.