How Long Does It Take to Settle an Estate?

When an estate goes into probate, there can be a lot of uncertainty about when the process will conclude. Generally, there’s no typical amount of time it takes a probate attorney to work on an estate, though the actual probate process can take less than a year, even as few as nine months in Ohio.

There are often situations, however, when probate can take longer, especially if there are complications, the involved parties are in disagreement, someone contests a Will, or the executor tries to drag out the process. Before you face probate, it’s essential to know what’s involved in the process and the factors affecting how long it takes.

The Probate Process

The court oversees the probate process, including its length and what executors can and can’t do. Each state also determines how long executors can file estate inventories, and they have penalties for missing critical deadlines. These constraints ensure an executor cannot stretch out the process indefinitely.

The executor is responsible for filing the last set of tax payments on behalf of the decedent (deceased person). This includes any estate taxes applying to larger estates.

Any debt owed by the decedent must be presented to the Court or Executor within six months from date of death.

Since the executor is identifying all assets in the estate, appraisers may need to get involved. Assessing certain assets, such as higher-value assets like real estate, at accurate, current market value will help ensure the validity of the estate settlement.

If the Will is Contested

The probate period may last longer if one or more persons contest the Will. There are several justifications for doing so. For example, a person may not have been named as a beneficiary but believes they should be. Perhaps a beneficiary feels they should receive a more significant portion of the estate or be granted specific pieces of property or assets not bequeathed to them.

These contests sometimes emerge as validity questions. For instance, did the decedent change the Will late in life? If so, were they of sound mind when they made those changes? Another question of validity involves the legitimacy of witnesses, such as the ones who signed on to help execute the Will.

If the Assets are Complicated

Whenever a business is involved, those assets are legally more complex. Usually, the more complicated, the longer the probate process. Whereas a set of investment accounts can transfer directly to an heir, a business may involve succession. The board of directors and senior executives of the company are typically involved in this process.

Be Prepared with a Qualified Cincinnati Probate Attorney

If your estate is likely to go into probate, it pays to know the process and anticipate the issues that could complicate it before you’re gone. When you work with the estate planning attorneys at Donnellon, Donnellon, & Miller, you’ll have access to the full Ohio-specific schedule of estate deadlines, whether or not you are the estate’s executor.

No matter where you are in the process of dealing with an estate, we’re happy to be of service. You can reach us at 513-891-7087, and we look forward to meeting you.