Probate is subject to numerous setbacks and delays that can cause the process to slow and come to a halt. Some of the most common are:
Estate size: The larger the estate size, the longer probate will take. When an estate has many assets, there is typically more paperwork to complete, discussions to have and legal decisions to make.
The number of heirs: The more beneficiaries an estate has, the longer it takes to close it. It takes time to notify every heir of probate proceedings and collect the proper paperwork from each, especially if inheritors live a long distance away from one another. Multiple heirs also increase the chance of prolonged feuding and will contests.
Will: Estates that do not have a corresponding will are particularly challenging to settle, requiring the probate court to intervene heavily in the process. Even if the decedent has a will, it may be ambiguous or improperly witnessed or signed, further complicating the process.
Outstanding debt or taxes: If the estate owner has any existing debts or taxes, their heirs must file claims for their share of the inheritance, which can take months or years to do. The state taxing authority must also get involved with the process if the estate is taxable or owes taxes.