Bay Area Estate And Tax Planning Law Firm

Avoid lengthy probate by learning about estate planning

On Behalf of | Jan 3, 2023 | Estate Planning, Probate And Estate Administration |

Probate is sometimes an unavoidable and lengthy process in which the court makes final decisions about someone’s estate in the wake of their death. While probate can take a long time, holding up the inheritance of many beneficiaries, there is a limit on the length of time that probate can take in California. Unfortunately, delays can occur when there are many complexities in the process. Learn more about the process to understand better what you can expect when your loved one’s estate goes into probate.

How long with the probate process take?

Estate administration and probate can be confusing and can take a long time. By law in California, executors and administrators have a period of one year from the time that they’re appointed to complete the probate process. There are, however, times when it’s possible to request an extension, which can cause the process to take as long as two years. One common reason that probate might take longer is if there isn’t a will, which will cause each step of the probate process to take longer. This will result in the process potentially taking longer than 18 months. Some other common reasons that probate takes longer include beneficiaries who raise concerns, complex estates, and claims filed against the will by the court system.

How to avoid a lengthy probate

If you don’t want your loved ones to go through a probate process that’s longer than necessary, one of the best ways that you can help them avoid it is to have your estate planned out well in advance of your death. You might choose to create a will, or you could write an irrevocable trust.

If you’re looking for more ways to help your family and friends avoid a lengthy probate process at the time of your death, planning ahead and understanding the process in advance is your best option.