The Surprising Timeline of Estate Administration and What We are Doing About It

August 15, 2024

When a loved one passes away, most people expect the legal process of distributing their assets to be relatively straightforward. However, what often surprises families is how long estate administration can actually take. According to recent reports, the average probate process can stretch to 20 months or more, far beyond what most Americans anticipate. This extended timeline can cause frustration, financial strain, and emotional stress during an already difficult time.

The probate process involves a series of legal and financial steps that ensure a deceased person’s assets are distributed according to their will or, in the absence of a will, according to state law. It’s a necessary process, but it can be complicated by various factors, including incomplete information, delays in asset liquidation, and the need for court approval at multiple stages. Even in relatively simple cases, unexpected issues can arise that significantly extend the timeline.

What many don’t realize is that probate is not just about waiting for the court system to do its job; there are numerous steps along the way that can be accelerated or streamlined with the right approach. Estate forecasting, for instance, is a critical early step that involves gathering all relevant information about the deceased’s assets and liabilities. When done thoroughly and revisited regularly, this forecasting can prevent surprises that would otherwise slow down the process later.

Communication also plays a crucial role in speeding up estate administration. Regular reviews and updates help ensure that all parties involved are aware of the estate's progress and any potential obstacles. Keeping everyone on the same page reduces the likelihood of delays caused by miscommunication or missed details.

Another significant factor that can affect the timeline is how quickly assets are liquidated. This step can be especially time-consuming, particularly if it involves real estate or complex financial assets. Early liquidation, when done carefully, can prevent delays down the line. The challenge, of course, is balancing the need for speed with the responsibility to maximize the value of the assets for the heirs.

For many families, the process can be further delayed by the need for in-person interactions with banks and other institutions. In these cases, getting the necessary documents or approvals can take weeks, especially if institutions are slow to respond. One way to tackle this issue is to involve the heirs or executors more directly in certain tasks, like visiting a bank branch to obtain required documentation. With clear guidance, this approach can significantly reduce wait times.

At Stouffer Legal, we understand how frustrating these delays can be. That’s why we’ve focused on strategies to bring our average case time down to eight months or less. By forecasting the estate early and often, holding regular review meetings, and encouraging open communication with flat fees, we aim to prevent the common issues that extend probate. We also prioritize the safe and early liquidation of assets and work closely with clients, sometimes even accompanying them to financial institutions to ensure things move forward as quickly as possible.

While the complexities of estate administration can’t always be avoided, our proactive approach helps minimize delays and brings peace of mind to our clients during a challenging time. We’re committed to making the process as smooth and efficient as possible, so that families can focus on what matters most.

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