There is a reason why attorneys will tell you to try to structure your estate to avoid probate if it is possible. Probate can be time-consuming, and things can happen that can delay it further.
The major complication during probate is when there is a will contest. An interested party may challenge the validity of the will and claim that it is invalid in the first place. Will contests can be difficult and expensive, and they will tear a family apart. If you have a will contest, it could take years to resolve.
Probate is also when creditors come forward because it is their last chance to be paid by the estate. They would present their claims for payment to the executor, who may deny them if they do not believe that the debt was valid. If there are disputes with creditors, it can lead to litigation and court proceedings.
Another thing that can slow down probate is a mistake in the paperwork. There are numerous forms that you would need to fill out to get the estate through probate. A court may not give you the benefit of the doubt, and it may reject forms that are incomplete or are filed in error.
You should hire an experienced attorney to handle the details for you during the probate process to help reduce the chance that there may be complications. Alternatively, you can form a trust in order to avoid probate entirely in the first place.
Contact a Lincolnshire Probate Attorney Today
The attorneys at Charles T. Newland & Associates are here to help when your family needs it. We can work with you on estate planning and probate issues. To schedule an appointment, you can send us a message online or call us today at 847.797.9300.