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Factors that affect how long probate takes

On Behalf of | May 7, 2020 | probate litigation |

Nashville residents rarely pass away without having any property, debts or other matters that require “wrapping up” by someone who survived him or her. This may require going through the probate process. The executor or personal representative of the estate will have numerous duties to complete before the estate can be considered closed. How long it takes to perform all of the relevant tasks depends on a variety of factors.

One of the largest impediments to completing a probate is whether the deceased executed a will. Without a will, the process becomes more complex since the court will have more involvement in the process, including appointing a personal representative, which could take some time if family members disagree on who should take on this responsibility. Heirs and beneficiaries could also end up arguing more about the disposition of the estate even though Tennessee law will govern how that process happens.

If there is a will, other issues can cause the process to take more time. For instance, if the executor does not live in the same area where the testator passed away, taking care of tasks long distance can take more time. If beneficiaries disagree or there are numerous beneficiaries, it could cause complications, especially if one of them decides to contest the will. Moreover, dealing with debts, property and taxes can take some time depending on the number, type and complexity.

Another thing that can extend the time the probate process takes is not understanding the duties or the legalities involved. For this reason, it would be wise to work with a Nashville estate administration and probate attorney. While there are still numerous actions to take, the advice and assistance of an attorney could help make the process smoother, which could reduce the time it takes to close out the estate.