Q: Why do some estates take longer to probate than others? Is there anything that can be done to speed things up?
A: You're right; some estates take longer to probate than others. There can be a lot of reasons for this.
It has been my experience that most uncomplicated probate estates take between 12 and 14 months to probate. However, I also have been involved in estates that took as little as eight months and a handful of estates that went two, three, even four years.
Usually when there is a delay in an estate administration, something goofy is going on. One common reason is that it is a difficult to dispose of assets.
Real estate usually is the culprit. Sometimes it can take an extended period or time to sell a parcel of real estate, especially in a market like we face now.
The time of year also can affect the length of time it takes to dispose of real estate. I'm not a real estate agent, but it sure seems like the winter is the worst time to try to sell real estate. I guess no one wants to move when it's cold, or around the holidays.
Another difficultly to disposing of assets can be a business or stock in a closely held company. Since there is such a narrow market for small businesses, it sometimes can take an extended period of time to locate an appropriate purchaser.
Litigation also can slow things down. If the heirs are suing each other, or if the estate is getting sued or is suing someone, things can slow to a crawl.
Let's face it, whenever you get a bunch of lawyers in a room, things are going to get messy. Everyone has an interest to protect, and each of them is going to do his or her best to protect that interest.
The best thing you can do to speed things along is to organize. The more organized you are during life, the quicker things usually transfer after death. Start by planning appropriately. If you anticipate a problem with an heir, let your attorney know so that he can plan.
If you own a small business, think long and hard about business succession, and plan it. The plan could be as simple as putting life insurance in place to make sure your son or daughter can purchase the business from the estate. The best thing to do is to sit down with an attorney and plan.
Finally, last week I wrote that Indiana had an archaic law that made most trusts irrevocable unless the grantor retained the right to amend or revoke that trust. That law has been amended. Under the amendment, trusts executed after June 30, 2005, are presumed revocable unless the terms provide otherwise.
I'm sorry about the confusion. Thanks to attorneys Jim Martin and Cal Bellamy for pointing out my omission and for not referring to me as Bonehead.
Opinions expressed solely are those of the writer. Christopher W. Yugo is a member of the Indiana Bar and a vice president and senior trust officer for First National Bank's Trust Department. Address questions to Yugo in care of The Times, 601 W. 45th Ave., Munster, IN 46321. The information is meant to be general in nature. Specific legal, tax, or insurance questions should be referred to your attorney, accountant, or estate-planning specialist.
