The days and weeks following a loved one’s death are filled with emotion and often crowded with social, legal, and financial obligations. One of these crucial obligations is the probate process, which is used to settle the loved one’s estate.
Whether you are the personal representative named by the deceased individual in their will and tasked with the probate administration process, you are a beneficiary, or you are ready to draft your own estate plans, one common question is: “How long does it take to complete probate in Chester County?”
For help with the probate process, contact a Chester County probate lawyer from ThePeoplesLawFirm.com.
Understanding the Probate Process In Pennsylvania
Probate is the court process used to inventory an estate, address all debts and taxes owed on the estate, and distribute the remaining assets to the designated beneficiaries. A Chester County will lawyer can help with the process of setting up a will and estate plan.
The person named in the will as personal representative becomes the probate administrator of the estate. If a decedent does not leave a will, the court appoints a family member as the probate administrator.
The average probate process in Chester County typically takes 9 to 18 months to complete; however, several variables can shorten or extend the time it takes for probate. These factors include whether or not conflicts arise, the full value and complexities of the estate’s holdings, and how efficiently the process moves forward.
What Factors Impact the Probate Period?
It’s not uncommon for beneficiaries to view probate as a waiting period imposed by the state, during which assets and real estate property are held in limbo. In reality, a lot occurs during the probate process, requiring the probate administrator to do the following:
- File the will with the Register of Wills in Chester County
- File a petition with the probate court to open the probate case
- Notify all creditors, beneficiaries, government agencies, and the public that the probate process has begun
- Allow time for creditors to file claims, which must be paid before the distribution of remaining assets
- Meet all tax obligations on the estate
- In some cases, property or assets must be sold or liquidated to pay creditors and/or taxes
- The probate administrator must file periodic status updates with the court, showing the progress of the case and indicating any sale of property
- The remaining property, assets, heirlooms, and personal belongings are distributed to the beneficiaries according to the terms of the will or the state’s intestacy laws if there is no will or estate plan
The above timeline may progress smoothly and efficiently, or there may be conflicts, disputes, and delays that prolong the probate process. Finally, if the probate court has a backlog of cases, it may take longer to resolve.
How Can I Expedite the Probate Process?
Probate can be a challenging process. By hiring an experienced Chester County probate administration lawyer, you can ensure your probate process proceeds as efficiently as possible through careful attention to detail, meticulous filing processes, and prompt action throughout every stage of probate.
When a probate lawyer navigates the process, it minimizes conflict and reduces the likelihood of delays and errors, which could otherwise leave the probate administrator personally liable.
With skilled legal counsel, certain aspects of asset distribution can be finalized before the probate period is complete. For example, financial accounts with a Transfer on Death (TOD) designation bypass probate and transfer immediately upon presentation of a death certificate.
Finally, probate is an exacting legal process that cannot be rushed without the risk of errors that could cause legal disputes later. A seasoned probate lawyer is the best safeguard to ensure a smooth and timely process.
Need Help Navigating Probate in Chester County?
Probate can be a complex and time-consuming process, but you don’t have to handle it alone. ThePeoplesLawFirm.com can guide you every step of the way, helping you meet legal obligations, avoid delays, and distribute assets efficiently.
Contact us today to speak with a Chester County probate attorney.
