Is It Possible for Probate in Tampa to Take Years?

If you have recently lost a loved one and you are about to begin probate, you may be curious about how long this process will take. Perhaps you are eager to inherit assets left behind by your loved one. Maybe you are the personal representative, and you want to get this responsibility over with as soon as possible. Whatever the case may be, it makes sense to discuss potential timelines with an experienced probate lawyer in Tampa.

Complications Can Add Years to Probate 

Even at the best of times, probate in Florida can be quite time-consuming. Under certain circumstances, even a straightforward probate case can take a full year to finalize. However, the general rule is simple: The more complicated your estate is, the longer probate will take.

If you want to know how long probate will take, first ask yourself how complex the estate is. Are certain family members planning to contest the Will? Does the estate contain complex assets that are difficult to appraise, locate, or divide? Did the decedent pass away with significant debts? Do you believe that some of the decedent’s creditors might be lying about how much money they are owed?

Is the family arguing about what the decedent “would have wanted?” Do some of the beneficiaries want to forcibly remove the personal representative? If the answers to any of these questions are “yes,” your probate may be quite time-consuming. If many of these issues are occurring simultaneously, there is a high likelihood of probate dragging on for years.

Even if none of these issues are present, probate could still take years if the estate is large. When dealing with high-net-worth estates, key issues usually include business interests, diverse investment portfolios, numerous real estate properties (potentially around the country or globe), and fine art/collectibles. The more assets a decedent passes away with, the longer probate will take (especially if these assets are high-value, difficult to appraise, or difficult to locate).

How to Speed Up Probate

That being said, the majority of assets in high-value estates rarely go through probate because high-net-worth decedents usually understand how important probate avoidance is. As a result, these individuals typically attempt to shift as much wealth as possible into probate-exempt asset categories. These include accounts with beneficiary designations, trusts, and lifetime gifts. Pour-over Wills can also shift excess wealth into trusts at the time of death.

If it’s too late to take these proactive steps and you’re already midway through probate, target the major causes of delays. Is the personal representative intentionally delaying? Are they simply incompetent? Is it possible to remove them? You might also want to consider settling family disputes in private, as alternative dispute resolution is almost always quicker than courtroom processes.

Can a Probate Lawyer in New Port Richey Help Me? 

Your probate lawyer in Seminole can help you get a sense of how long this process will take. Online research can provide various insights, but a consultation with an actual lawyer gives you the opportunity to discuss your family’s unique circumstances. Contact Knudsen Law at 727.398.3600 to learn about strategies that can speed up probate.

Source:

floridabar.org/public/consumer/pamphlet026/