The probate process can feel like it drags on forever—especially when you’re grieving, need access to funds, or are trying to wrap up your loved one’s affairs. In most cases, probate takes at least six months—and in many states, it can take a year or longer. That timeline often catches families off guard, wondering, “Why is probate taking so long?” If you’re curious about the reasons for these delays, here are the most common causes of probate delays—and how proactive estate planning can help avoid them.
The Top Five Reasons Probate Gets Delayed
1. Endless Paperwork
Probate involves filing legal documents, gathering account statements, listing and valuing assets, responding to court requests, handling creditor claims, and keeping beneficiaries informed. Each step must follow specific legal procedures. If any piece is missing or incorrect, the process can grind to a halt. That is a part of why probate is taking so long.
2. Complex Assets
The more complex the estate, the longer probate may take. Examples include:
- Real estate in multiple states (each requiring separate legal filings)
- Family-owned businesses or partnerships
- Unique collections or high-value personal items requiring appraisals
- Accounts with unclear ownership or beneficiaries
Untangling these types of assets often means waiting on third parties, valuations, or court orders—further delaying distributions.
3. Court Backlogs
Even when your paperwork is in order, the court may not be. Probate courts in many counties are overwhelmed, with limited staff and long queues for hearings. Probate requires court involvement at multiple stages, so any delay on their end slows the entire case. When you find yourself asking why is probate taking so long in such situations, it’s often due to these backlogs.
4. Will Contests and Disputes
Probate invites challenges—especially when emotions run high or someone feels left out. A family member or heir may challenge the will on grounds such as:
- Lack of mental capacity when the will was signed
- Undue influence by someone close to the decedent
- Fraud or forgery
Disputes like these can add months—or even years—to the probate process. They also increase legal fees and strain family relationships. Consequently, many wonder why is probate taking so long.
5. Creditor Notice Periods
Each state requires a minimum waiting period to give creditors time to come forward with claims. This window is typically three to nine months, depending on the state. It is four months in Colorado. The estate generally cannot be closed until the creditor period expires—regardless of how simple the estate may seem. It is at this stage people often ask, “Why is probate taking so long?”
The Solution: Avoid Probate Entirely
If all this sounds like a headache, it is—and it’s avoidable. One of the most effective ways to sidestep probate altogether is through a revocable living trust.
By creating a trust and transferring your assets into it during your lifetime, you can ensure that:
- Your loved ones won’t have to deal with probate
- The administration of your estate remains private
- Your beneficiaries can receive their inheritance faster
- You reduce the risk of disputes and delays
- Your successor trustee can step in immediately if you become incapacitated
Trusts are not just for the wealthy—they’re for anyone who wants to simplify life for their family after death (or in the event of incapacity).
Let’s Keep Probate from Becoming a Burden
If you’re currently handling a slow-moving probate, we’re here to help guide you through the process and advocate for an efficient resolution. And if you want to spare your loved ones from the frustrations of probate in the future, let’s talk about building a comprehensive estate plan that puts a living trust to work for you.
Contact us today to schedule a consultation. You don’t have to navigate probate delays—or risk putting your family through them—alone.
