OKC Probate Attorney Jim A. Lyon provides legal services for probates and estates. There are alot of common questions regarding probate law. One of the most common questions is ‘How long will probate take?’. There is, unfortunately, no universal answer to how long the probate process in Oklahoma will be. There are a variety of elements that influence exactly how long each probate will take. One of the best ways to limit the length of the probate process is to retain the assistance of skilled legal counsel. Another way to anticipate the length of probate is to understand the various factors that can affect the length of the process.
Factors that Influence the Length of Probate
There are numerous factors that can influence how long the probate process takes, but some of the most common factors that influence this process include the following:
- The Location of the Personal Representative: When personal representatives live close to the attorney, it can be easier for individuals to quickly visit legal counsel at a moment’s notice resulting in a quicker process.
- The Number of Beneficiaries: The more beneficiaries that are involved in the case, the longer the probate process will often take. The reason for this extension in time is that it takes longer to probate matters with more beneficiaries because there is a larger amount of paperwork involved.
- The Existence of Disagreement Among Beneficiaries: Sometimes beneficiaries disagree about how to proceed with the probate process. Other times, beneficiaries agree on most issues concerning the probate process. In nearly all cases, the greater the beneficiaries disagree, the longer the probate process is likely to take.
- The Existence of a Will Contest: Will contests refer to legal proceedings that attempt to invalidate a will. These contests can be based on a variety of argument including that the will was not signed in the appropriate manner, the will was the product of fraud or fraudulent activity, the party who wrote did so under duress that was caused by another person, or the person who made the will lacked the mental capacity to do so.
- If The Estate in Question Must be Taxed: If an estate still owes taxes or is large enough that additional taxes must be paid, the probate process is likely to take longer. With some taxes, the probate process could be delayed by many months.
- The Complexity of Assets Owned by the Estate: If an estate is comprised of few assets, the probate process is relatively simple and can often proceed quickly. If more assets are involved, however, the probate process can be significantly extended.
Consult with a Seasoned Probate Attorney
There many unique factors that can significantly extend the length of the probate process including complexity, taxes, will contests, disagreements among beneficiaries, the number of beneficiaries, and the location of involved individuals. A skilled estate planning attorney is often able to analyze a person’s case to make a determination of exactly how long the probate process should take. If you require the assistance of a knowledgeable probate attorney, contact attorney Jim A Lyon. Attorney Lyon has experience helping many individuals navigate the various that can arise concerning estate planning.