Estate Administration is often seen as a straightforward process: after someone passes away, the personal representative gathers assets, pays off debts, and distributes what’s left to the beneficiaries. However, many estates take far longer to settle than anticipated, leaving everyone involved frustrated. If you’re in charge of administering an estate, it’s important to understand why delays happen and what can be done to avoid them.
1. Probate Court Delays
Probate is the legal process through which a will is validated, and an estate is administered. Unfortunately, probate courts can be slow, especially in busy counties or during peak filing periods.
2. Complicated or Disputed Estate Plans
If the estate planning documents are unclear, outdated, or challenged by disgruntled family members, it can cause lengthy legal battles. Disputes over the validity of the will, the interpretation of its terms, or the distribution of assets can bring estate administration to a halt until the issues are resolved in court.
3. Tax Issues
Estates often involve complex tax considerations, such as federal estate taxes, inheritance taxes, and income taxes. If the estate is large or contains assets like real estate and businesses, tax filings can be time-consuming.
4. Asset Identification and Valuation
Identifying and valuing assets can take longer than expected. Locating all of the decedent’s assets—bank accounts, investment portfolios, insurance policies, real property, etc.—can be a difficult and time-consuming task.
5. Executor Inexperience or Disorganization
A trustee may not fully understand the estate administration process, or they may struggle with time management due to personal or professional responsibilities. The trustee should seek guidance from an attorney who practices estate administration.
Estate administration has many more nuances and complications than people originally think. Oftentimes, there are situations that cannot be avoided. However, there are steps that can be taken to minimize as many future complications as possible.
For more information, please join us for an upcoming FREE seminar. If you have questions or concerns about your estate plan, contact the experienced estate planning attorneys at Sinclair Prosser Gasior by calling (410) 573-4818 to schedule an appointment.
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