Common Reasons for Probate Delays (And What You Can Do)

Probate delays usually stem from one of these issues: will contests, complex or hard-to-value assets, creditor disputes, tax problems, or an overwhelmed executor. Most straightforward estates close in 6-12 months, but complications can extend probate to 2-5 years or more.

If you're waiting for an inheritance and wondering why it's taking so long, here are the most common causes—and what (if anything) can speed things up.

The Top 10 Causes of Probate Delays

1. Will Contests

When someone challenges the validity of a will, everything stops while the court resolves the dispute.

Common grounds for contesting:

• Lack of testamentary capacity (deceased wasn't mentally competent)
• Undue influence (someone pressured the deceased)
• Improper execution (not signed or witnessed correctly)
• Fraud or forgery
• Newer will exists

Timeline impact: Adds 1-3+ years

What you can do: If the contest lacks merit, the executor and other beneficiaries can argue for dismissal. If there's a legitimate dispute, settlement through mediation is often faster than litigation.

2. Complex or Hard-to-Value Assets

Some assets take longer to inventory and value than others.

Problem assets:

• Business interests (requires valuation)
• Real estate in multiple states
• Intellectual property
• Art, antiques, collectibles
• Cryptocurrency
• Complex investment portfolios
• Mineral rights or royalties

Timeline impact: Adds 3-12+ months

What you can do: Hire appropriate experts (business valuators, appraisers) early. Don't wait for the court to require it.

3. Real Estate Issues

Property often creates complications.

Common problems:

• Property won't sell (bad market, poor condition)
• Unclear title issues
• Multiple owners who disagree
• Out-of-state property requires ancillary probate
• Tenants with leases
• Environmental issues

Timeline impact: Adds 3-18+ months

What you can do: Price property realistically. Address title issues immediately. Start ancillary probate early if out-of-state property exists.

4. Creditor Disputes

Creditors have a set period to file claims. Disputed claims take time to resolve.

Common issues:

• Estate disputes the validity of a claim
• Creditor claims more than owed
• Unknown creditors surface late
• Medicaid estate recovery claims
• IRS or state tax liens

Timeline impact: Adds 3-12+ months

What you can do: The executor should carefully review all claims and challenge improper ones. Don't pay questionable claims just to speed things up.

5. Tax Complications

Estate taxes, income taxes, and tax returns create delays.

Problem areas:

• Unfiled tax returns from deceased
• Estate owes federal estate tax (estates over $13.61M)
• State estate or inheritance tax due
• IRS audit of estate or deceased's returns
• Estate generates income during administration
• Disagreement on asset values for tax purposes

Timeline impact: Adds 6-24+ months for audits

What you can do: Hire an experienced estate CPA. File returns on time. Respond promptly to any IRS or state inquiries.

6. Missing or Hard-to-Find Heirs

If heirs can't be located, the estate can't close.

Why it happens:

• Estranged family members
• Heirs moved without forwarding address
• International heirs
• Unknown heirs (sometimes from previous relationships)

Timeline impact: Adds 3-12+ months

What you can do: Hire a professional heir search firm if needed. The estate can sometimes proceed by setting aside funds for missing heirs.

7. Executor Problems

A bad executor can grind probate to a halt.

Common issues:

• Executor doesn't file required documents on time
• Executor is overwhelmed or inexperienced
• Executor lives far away and can't manage tasks
• Executor has conflicts with beneficiaries
• Executor is dishonest or self-dealing
• Executor dies during probate

Timeline impact: Adds 3-24+ months

What you can do: Communicate with the executor. If they're failing their duties, beneficiaries can petition the court to remove and replace them.

8. Beneficiary Disputes

Even without a will contest, beneficiaries can fight about other things.

Common disputes:

• Interpretation of will language
• Who gets specific items (personal property)
• Allegations of undue influence without formal contest
• Disagreement on selling assets
• Claims against other beneficiaries

Timeline impact: Adds 6-24+ months

What you can do: Try mediation. Sometimes a neutral third party can resolve disputes faster than court proceedings.

9. Court Backlogs

Some probate courts are simply overwhelmed.

Factors:

• Large urban areas often have longer backlogs
• COVID created lasting delays in many jurisdictions
• Understaffed courts move slowly
• Required hearings get scheduled months out

Timeline impact: Varies by jurisdiction

What you can do: Work with an experienced local probate attorney who knows how to navigate the specific court. Some procedures can be done without court hearings.

10. Incomplete or Missing Documents

Paperwork problems cause delays at every stage.

Problem documents:

• Missing original will
• Incomplete asset records
• Missing beneficiary information
• Unclear property titles
• Lost financial statements
• Unsigned or improperly witnessed documents

Timeline impact: Adds 1-6+ months

What you can do: Gather all available documentation early. Work with institutions (banks, brokerages) to obtain copies.

How to Speed Up a Slow Probate

If You're the Executor

1. Stay organized – Create a timeline and checklist
2. File everything on time – Missing deadlines causes delays
3. Communicate proactively – Keep beneficiaries informed
4. Hire help – Attorneys, CPAs, appraisers as needed
5. Address problems immediately – Don't let issues fester
6. Work the court schedule – Push for earlier hearing dates when possible

If You're a Beneficiary

1. Stay in communication – Check in with the executor regularly
2. Provide requested information – Don't be the cause of delay
3. Be reasonable – Disputes between beneficiaries slow everything down
4. Consider mediation – Cheaper and faster than litigation
5. Know your rights – You can petition the court if the executor is failing
6. Document concerns – If you need to take action later, records help

When Probate Is "Too Slow"

What's normal varies by state and situation:

Red Flags That Something's Wrong

• No communication from executor for months
• Required documents haven't been filed
• Executor can't answer basic questions about status
• Estate funds being used inappropriately
• Obvious mismanagement or negligence

What You Can Do About a Problem Executor

1. Send written inquiry – Ask for status update in writing
2. Request accounting – You have the right to know what's happening
3. Consult an attorney – Understand your options
4. File petition – Ask court to compel action or remove executor
5. Seek replacement – The court can appoint a new executor

Getting Money While You Wait

If probate is delayed and you need funds, you have options:

Request Partial Distribution

Ask the executor to distribute some assets early. This is possible if:

• Estate has sufficient liquid assets
• No significant pending claims
• All beneficiaries agree
• Court approves (in supervised administration)

Many executors are reluctant because they could be personally liable if there's not enough to cover debts later.

Inheritance Advance

An inheritance advance lets you access a portion of your expected inheritance now, regardless of probate delays.

How it works:

• You receive cash in 24-48 hours
• Repayment happens from your share when estate closes
• No monthly payments
• No credit check
• Works even during disputed or delayed probate

This option is particularly valuable when probate is stuck in litigation or bureaucratic delays and you have immediate financial needs.

Frequently Asked Questions

Why is my inheritance taking so long?

The most common reasons are: mandatory creditor waiting periods, asset valuation/sales taking time, executor workload, court schedules, and any disputes among interested parties.

Can I sue for probate delays?

Generally, no—unless the executor is breaching their fiduciary duty through negligence or misconduct. Normal delays, even frustrating ones, aren't grounds for a lawsuit.

How do I find out why probate is delayed?

Ask the executor. If they're unresponsive, probate records are public—you or an attorney can review the file to see what's been filed and what's pending.

Can beneficiaries speed up probate?

Sometimes. Being cooperative, not creating disputes, providing requested information quickly, and pressing the executor to stay on track all help. You can also petition the court if the executor is failing.

What's the longest probate can take?

Technically, indefinitely. Some contested estates or those with complex litigation drag on for 10+ years. However, this is rare—most estates, even difficult ones, close within 2-4 years.

Don't Let Delays Derail Your Life

Waiting for probate is frustrating, especially when delays seem unnecessary. While you can't always control the timeline, you can control your response:

• Stay informed about the process
• Communicate with the executor
• Know your rights as a beneficiary
• Take action if the executor isn't doing their job
• Consider an inheritance advance if you need funds now