Probate is the court-supervised transfer of property after someone passes away, and even in the simplest estates, it rarely wraps up overnight. A straightforward case in California might finish in nine months, but plenty of families wait a year or longer while paperwork, taxes, or disagreements move through the court calendar.
At Price Law Firm, APC, we have guided Redlands families through every stage of probate for more than two decades, so we know where the common bottlenecks appear. In the next few minutes, you will learn why probate drags and what you can do today to keep your estate from stalling later.
Common Roadblocks in Probate
Probate starts with the court appointing a personal representative, moves through asset gathering and debt payment, and finishes with final distribution. In comparison, the legal steps sound routine, but the time needed for each one varies widely. Understanding why a neighbor’s estate closed in half a year while another lingers for two helps you plan and avoid the same setbacks.
Will-Related Issues
Disagreements over the will are one of the first snags many families face. A clear, well-drafted document speeds the court process, while uncertainty invites hearings, filings, and added months.
Missing or Contested Will
If no will surfaces, the estate is handled under intestacy, and state law dictates who inherits. Loved ones often need extra time to gather documents, notify relatives, and petition the court for authority.
Even when a will is present, any claim of forgery, duress, or lack of capacity pauses probate while the court sorts out the facts. These contests often include depositions, medical records, and expert testimony, all of which extend the calendar.
Multiple Wills
Occasionally, more than one signed will appears with different dates or terms. Each side argues that their paper controls distribution, so judges must compare signatures, witness statements, and dates before moving forward. Until a single document wins, asset transfers stay on hold and the estate racks up legal fees.
Heirs and Beneficiaries
The people inheriting play a significant role in how quickly an estate settles. Tracking everyone down and keeping them on the same page can be more complex than it sounds, especially in large or blended families.
Number of Beneficiaries
An executor must mail notices, collect receipts, and obtain signatures from every person with an interest in the estate. More heirs mean more certified letters, follow-up calls, and reminder emails before any distribution occurs.
Location of Beneficiaries
When heirs live outside California or overseas, delivery delays, time-zone gaps, and notary requirements can slow signed forms from returning to the court file.
Locating Missing Heirs
If an address or phone number is outdated, the executor must use skip-tracing services, social media, or public notices to locate the person. The court will not allow final distribution until every heir is either found or officially declared unreachable.
Beneficiary Disputes
Arguments among siblings or other relatives over keepsakes, real estate, or perceived fairness commonly result in petitions and hearings. Every filing adds weeks or months to the timeline.
Common beneficiary frustrations include:
- Unequal cash gifts when the will appeared to promise equal shares
- Emotional attachment to household items with little market value
- Suspicion that the executor is hiding information
Open communication and detailed record-keeping by the executor often reduce these problems, but once a formal objection is filed, the court must rule before anything moves ahead.
Asset-Related Issues
The nature, value, and location of estate property often dictate how long the administrative stage lasts. Some assets are easy to liquidate, while others require multiple steps or outside professionals.
Complex or Unorganized Assets
Portfolios with handwritten ledgers, outdated statements, or unknown online accounts require detective work. Executors may need months to build a complete inventory.
Assets in Multiple States
Real property held in another state forces the executor to open an ancillary probate there. Each additional court system has its fees, notice periods, and filing rules, lengthening the overall process.
Unique Assets
Patents, mineral rights, or rare collectibles lack clear market values, so appraisers must be hired and sometimes challenged by the IRS or beneficiaries. Disagreements over value can delay tax filings and distribution.
Real Estate Roadblocks
Homes and land often make up the most significant portion of an estate, yet selling or transferring property comes with hurdles.
Here is a snapshot of common real estate obstacles and how long they can hold up a case:
| Typical Real Estate Issues and Their Impact on Probate | ||
| Issue | Average Delay | Why It Happens |
| Title defects or unknown liens | 2-4 months | Extra time needed for title search, payoff, and recording corrections |
| Slow market conditions | 3-6 months | The executor waits for an acceptable offer before petitioning the court for sale approval |
| Court approval of the sale price | 1-2 months | Notice to all heirs, possible overbid hearing, and final order signing |
Digital Assets
Online bank statements, cryptocurrency wallets, and password-protected photos can be tough to access without clear instructions. Some platforms refuse to cooperate until they receive formal letters testamentary, adding another layer of delay.
Tax and Financial Issues
Even when family members agree on everything, the estate cannot close until taxes and debts are handled. The larger the estate, the more paperwork is required.
Federal and State Estate Taxes
High-value estates must file IRS Form 706. The IRS often takes three to four months after filing before an agent even reviews the return, and no final distribution can occur until a closing letter arrives.
Property Valuation Delays
When heirs or the IRS question appraisals, new valuations or audits follow, this back-and-forth easily adds another quarter to the calendar.
Insolvency Issues
If debts exceed assets, the executor must prioritize claims and sometimes sell property under court oversight. Creditors may dispute ranking, resulting in hearings.
Final Tax Returns
The deceased’s last income-tax filing, plus any fiduciary returns for the estate, must be accepted by taxing authorities before closing papers are filed with the court.
Executor-Related Challenges
The personal representative’s skill and availability often determine whether delays are short bumps or year-long detours.
Incomplete Paperwork
Courts quickly return petitions missing dates, signatures, or schedules. Each rejection forces the executor to correct, re-serve, and re-file, burning calendar time.
Wrong Executor
An executor with poor record-keeping habits or limited financial understanding can struggle to meet deadlines, prompting beneficiaries to petition for removal.
Executor Inexperience
Someone tackling probate for the first time may overlook notice periods, bond requirements, or publication deadlines, all of which trigger continuances.
Time Commitment
Probate can feel like a part-time job for six to twelve months. If the executor has a demanding career or lives far away, the estate timeline stretches.
Conflicts of Interest
Executors who also inherit may face claims of favoritism. The court may require extra accountings or appoint a neutral professional, increasing costs and time.
Court-Related Issues
Even when everything on the family side runs smoothly, the court docket itself can become a hurdle.
Case Overload in Local Courts
Many counties deal with staffing shortages, so that hearing dates may be set six to eight weeks out. A single continuance shifts everything further.
Outdated Filing Systems
Courts still relying on paper files move more slowly than offices with electronic portals. Lost or mis-scanned documents lead to repeated trips and refilings.
Ensure a Smooth Probate with Price Law Firm, APC
While no one can eliminate every delay, careful estate planning, organized records, and a reliable executor can shave months off the timeline. Our team at Price Law Firm, APC, helps families craft plans that stand up in court and provide hands-on support when a loved one has already passed. If you need help settling an estate or want to keep your plan from stalling someday, call 909-328-7000 or reach us through our website.
We look forward to answering your questions and protecting what you have built.
