When considering what questions to ask the best probate attorney San Diego they could find, people usually stick to the basics – “What is the list of responsibilities for the executor of will?”, “What if a person dies without a will?”, and “How is conservatorship different from power of attorney in California?”. Rarely do they remember to ask “How long does the probate process take?”. And they should, in order to prepare for the brief or lengthy legal proceedings before them.

Where does the executor reside?

Although it might not sound like that big of a deal, considering all the other aspects of the probate process, the distance to the executor does impact the length of the proceedings considerably. If the executor lives far away, the time spent commuting to his or her house certainly adds up.

And, if there’s a probate lawyer involved in the process, which we think is a prudent decision, just imagine having to think of the schedules when a visit would suit all the parties involved. Plus, every document requires the personal representative’s signature. It all boils down to this – the closer the executor, the quicker the process.

Are there many beneficiaries?

When thinking “How long does the probate process take?”, you have to factor in the number of potential beneficiaries too. If there are multiple beneficiaries, that certainly means that the probate process will take longer to finish.

Why? Well, if there is only one person benefiting from the deceased’s estate, the process is pretty straightforward, especially if a proper will has been drafted with the help of an experienced estate attorney. As the number of beneficiaries increases, the entire process becomes more complicated, and, consequently, longer.

How do the beneficiaries get along?

It’s not about their personal differences of opinion, likes, and dislikes, but about how satisfied they are with the decisions stated in the will. And, again, if there are many beneficiaries, it is unlikely they will agree on all the aspects of the probate process. Some might even choose to hire their own legal representation, extending the duration of the process considerably.

Is the will going to be contested?

You cannot consider “how long does the probate process take” without considering the potential for a will to be contested. Will contest denotes legal proceedings with the intent to invalidate a person’s last will and testament.

They happen for one of four reasons – the deceased did not sign the will according to legal formalities, the deceased wrote the will while influenced by a single beneficiary, the deceased was mentally incapacitated at the time of writing the will, and the deceased wrote the will inadequately. If any of these grounds for contest hold true, you can expect the probate process to be very long.

Does a will exist at all?

An improperly written will is one thing. Complete absence of a will is another matter entirely. If there is no will to guide the probate process, the entire estate is left to the court of law to distribute.

And, as you can imagine, courts do not act swiftly under any circumstances. The court process can be as long as the court wishes it to be, and there is no way for you to influence “how long does the probate process take” aspect if a will is nowhere to be seen.

Is the estate complicated?

Not all assets can be easily distributed, will or no will in place. Most of the time, the estate that the deceased has left behind is simple enough to resolve. However, there are cases of the estate comprising of multiple assets, making it difficult to take care of all the administrative red tape in a short amount of time. If the estate is large, you can expect the process to last longer.

Want to know “How long does the probate process take?” We can tell you

We can give you an estimate of the length of the probate process based on the criteria mentioned above. However, we can do a lot more than that. The Law Offices of Irina Sherbak is a law firm comprised of the leading experts in estate planning and the probate process in San Diego. If you’re having difficulties with any aspect of the probate process, you can come to our offices for a free consultation, and see how we can help you make the entire process as swift as it can be.