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What can cause probate delays in Nevada?

On Behalf of | May 2, 2022 | Estate Litigation

Probate isn’t usually a fast and simple process. While this is true even in seemingly simple situations, there are circumstances that may delay probate even more.

In many cases, the delays aren’t the fault of the executor or probate court. Instead, they are caused by beneficiaries, assets and other factors.

Non-resident beneficiaries

An executor must mail documents to each beneficiary. If there are individuals who don’t live in Nevada or even in the U.S., this entire process can take a lot longer. Along the same lines is time zone considerations. If the executor needs to speak with a beneficiary in another time zone, it may be difficult to find times that work for every party.

Fighting amongst the beneficiaries

Most people leave a will and other estate plan documents to help prevent conflict among their beneficiaries when they die. However, this doesn’t always work. If beneficiaries disagree about certain aspects of the will or other legal documents, the probate process can be delayed significantly.

Hard-to-deal-with assets

Sometimes, assets are more challenging to deal with and value. Examples include things like racehorses, mineral rights and patents. In these situations, the IRS and executor may not determine the same value, which can delay probate.

More than two or three beneficiaries

If there are multiple beneficiaries, it may cause issues getting documents needed for probate signed and finalized. If even one beneficiary does not return their form, it delays the entire process. The more people involved, the more likely there will be a delay.

Getting through the probate process

+When you know some of the issues that can cause delays in probate, you can take steps to prevent them. While not all are preventable, it can be beneficial to know what to do and not to do to keep the process moving along.

 

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