Estate planning is beneficial for many reasons, one of them being that it will help the probate process go a bit smoother in its time. People often assume that it is always a lengthy, drawn out process that will be a headache. While that can happen sometimes, it doesn’t have to be the case.

In my practice at Thornton Law Firm, I believe that it’s best to have a thorough understanding of what processes can be delayed, and learning how best to keep them from occurring. That way, proper estate planning can be carried out to ensure the probate period is seamless

4 common processes that can get delayed during the probate period are:

  • Estate taxes. These can delay the process simply because it will take quite some time before the IRS reviews the filing, so it’s a paper pushing issue. The good news for estates in North Carolina is no estate tax filing is required!
  • Multiple beneficiaries. The probate process may take a bit longer to complete it the estate has multiple beneficiaries. This is also due to paper issues, such as notifying all the beneficiaries, having the relevant documents reviewed and signed by all parties, and receiving them back. It can be like herding cats in a sense, so be prepared and be communicative prior to and during the probate period to ensure there are no hold ups.
  • Wrong fit for executor role. Being appointed executor of an estate is a large responsibility and will demand tedious amounts of paperwork and attention. Sometimes, even if someone is appointed as a personal representative in the will, it might be beneficial to consider another person to fill the role if the original appointee is distracted or otherwise unable to carry it out.
  • Probate of unusual assets. Anything from odd collections of antiques, to patents, to property rights can delay the probate process simply because it can be hard to determine their value. Beneficiaries should be prepared to take ownership of undesirable assets that cannot be sold or otherwise settled during the probate period.

It’s never too early to start estate planning, and it’s a good way to aid in preventing any delays during the probate period. For a first consultation or a review of your current estate plans including living wills and trusts, contact Chad Thornton at Thornton Law Firm!