What to Do When Facing Probate Delays in Missouri

Facing probate delays can be a frustrating experience for anyone in Missouri. Understanding the probate process and addressing potential delays is crucial for ensuring that your loved one’s estate is settled as efficiently as possible. Here’s what to do when you encounter these delays.

Understand the Probate Process
Probate is the legal process through which a deceased person's estate is administered. This involves validating the will, settling debts, and distributing assets. Knowing the steps involved can help you identify where the delays may be occurring.

Stay Informed
Communication is key. Keep in regular contact with the probate court and your attorney to stay updated on the status of the case. Request specific information about what factors may be causing the delay, such as missing documentation or disputes among heirs.

Check for Outstanding Paperwork
Many probate delays stem from incomplete or improperly submitted paperwork. Ensure that all forms have been filled out correctly and submitted on time. If there are any outstanding documents that need to be provided, address these issues promptly.

Consider Mediation
If disputes among heirs are delaying the probate process, mediation can be a useful tool. A mediator can help facilitate discussions to resolve conflicts amicably, which can help expedite the probate process.

Consult a Probate Attorney
If you haven't already engaged a probate attorney, consider doing so. An experienced lawyer can provide invaluable guidance and help navigate complex issues that may be causing delays. They can also advocate on your behalf in court, ensuring that your interests are represented.

Be Patient and Persistent
Probate can be a lengthy process, and some delays are unavoidable. While it is essential to be patient, it is equally important to be persistent. Regularly follow up with your attorney and the probate court to keep things moving forward.

Explore Alternatives
If a particular asset is causing a significant delay, you may want to consider alternative options. For instance, if there are time-sensitive assets or debts, you could explore whether you can access certain funds through a small estate affidavit or a similar provision under Missouri law.

Document Everything
Keeping a record of all communications, documents, and transactions related to the probate process can be beneficial. If you need to escalate the situation or seek legal recourse, having detailed documentation will support your case.

Stay Positive
While probate delays can be trying, maintaining a positive mindset will help navigate the challenging times. Focus on what you can control and seek support from family and friends as needed.

By following these steps and staying proactive, you can better manage probate delays in Missouri. Understanding the process, maintaining clear communication, and seeking the right legal advice will pave the way for a smoother resolution.