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When a loved one passes away, there’s a good chance their estate will be required to enter into probate. This is a legal process designed to settle a decedent’s affairs. If you are waiting to receive an inheritance or you’ve been named the executor of an estate, you may wonder how long these proceedings will take. As the top probate attorney in Cincinnati, OH, Lance S. Cox Attorney at Law is routinely asked this question by his clients. Below, he shares a few variables that influence the length of time it takes to settle an estate.

Probate Attorney Lists 3 Factors That Affect the Length of the Process

1. Complexity of the Estate 

Complex estates are one of the most common reasons probate takes longer than average. This includes estates that must deal with assets of questionable value, assets that must be liquidated before being distributed to multiple beneficiaries, property owned in a different state, complicated investment holdings, foreign assets, and business interests. Otherwise, if it just contains elements related to local bank accounts, houses, vehicles, land, and personal possessions, an estate is relatively simple to administer. 

2. Execution of a Will 

probate attorneyAnother reason probate may be delayed is if the decedent didn’t leave a will behind expressing their final wishes. When this happens, or if a will wasn’t properly executed, it is left up to the court to decide who should be appointed to take care of the estate administration as well as who will be named guardian of the deceased’s minor children if applicable. This will all take extra time, especially if there is discord among family members.  

3. Will Contests 

If a beneficiary decides to hire a probate attorney and contest a decedent’s will, this is also likely to slow down the probate process. Disagreements among beneficiaries will require additional court hearings to determine whether or not there is a valid reason to challenge the contents of a will. If the court ends up deeming a will invalid, it must proceed with asset distribution according to the state’s intestacy laws.

Navigating the legalities of probate can be quite complex, which is why it’s a good idea to have an experienced probate attorney guide you through the process. Lance S. Cox Attorney at Law will help you explore all your options. Contact his office at (513) 528-6000, or visit his website for more information on the estate planning services he provides. 

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