A probate estate is all of the property belonging to a decedent that does not automatically transfer to a survivor or a designated beneficiary at death. The probate process is governed by law, and specific time periods are designated for accomplishing required tasks.
A court-administered probate legally closes when the court issues a decree of discharge. Before that happens, the personal representative must fulfill all legal requirements and petition the court to close the probate.
Factors that Affect How Quickly a Probate Estate Can Be Closed
A personal representative is required to close a probate estate within 18 months in most cases. The minimum time to close a probate is 4 to 6 months, but complicating factors can extend it to a year or more.
How long it takes to close a probate is influenced by the factors discussed below.
Value of Probate Estate
The net value of a decedent’s estate determines whether a general administration probate is required or whether a less formal process can be used. Probate estates valued under $500,000 (small estates) may be able to avoid court involvement or significantly streamline the process using one of the following:
- Small estate affidavit (affidavit of entitlement) – probate estates under $25,000 ($150,000 for surviving spouse) with no real estate
- Estate set aside – probate estates under $150,000
- Summary probate – probate estates over $150,000 and under $500,000
An affidavit of entitlement does not require court involvement unless there is a problem, so the process ends once the property has been transferred to the person entitled to receive it. An estate set aside must be requested, and if the court grants it, a final order is issued closing the estate. Summary probates must be discharged, but are allowed to proceed more quickly.
Estate Complexity
The amount and type of property in a probate estate can affect how quickly the probate can proceed. Assets such as business interests and real estate must be valued and, if necessary, sold. Property located in other states may require separate ancillary procedures and compliance with out-of-state laws.
Compliance with Legal Requirements
Creditors in a general administrative probate have 90 days from the date the first notice was published to bring claims against the probate estate. The personal representative then has more time to review the claim, and if it’s rejected, the creditor has still more time to petition the court for a final determination.
Resolving tax liabilities can also extend probate because the personal representative can’t close the probate estate until tax returns have been processed, audited, and cleared.
Will Contests and Disputes among Heirs
If the decedent died with a will, it must be validated by the court – meaning found to have been properly executed by a person with the mental capacity to execute it legally. Anyone with a financial interest in the outcome may challenge the validity of a decedent’s will within 90 days of it being admitted to probate.
Heirs may also disagree over how to value assets or who should get what, which can stall the process until a resolution is reached.
Personal Representative Inefficiency or Mismanagement
Personal representatives have a legal responsibility to carry out their duties with reasonable diligence and in the best interests of the estate. A personal representative who makes mistakes, neglects duties, or prioritizes self-interest over the estate’s benefit can incur personal liability and be removed from serving.
Court Backlogs and Processing Delays
Clark and Washoe Counties have been notorious in the past for having massive backlogs in estate cases, resulting in long wait times for grieving families and underscoring the need to minimize additional administrative burdens.
Simplifying Probate: Handling Probate with Compassion and Efficiency in Nevada
Situations can arise during probate that delay the process and extend the time before heirs can access property. Potential issues can often be identified and resolved during a free consultation with an experienced probate attorney who will recommend the most efficient strategy for closing a probate estate.
Choose a law firm that respects your family and your time. Choose Simplifying Probate. Call us today at (702) 800-8354.