Chapter Five: How To Navigate Probate Efficiently And Avoid Common Delays

Keeping The Process Organized And On Track

Staying organized during probate often comes down to having the right support and being realistic about your own capacity.

For many executors, this is their first time handling an estate. Attorneys can keep the process moving, ensure deadlines are met, and guide clients through the steps, from filing court papers to managing distributions. Some clients choose to take over once they are appointed as executor, and that’s fine, but it often leads to delays. It’s not uncommon for someone to return months later, saying they couldn’t keep up and now want the attorney to take over.

Self-awareness is also important. Just because a parent named you as executor doesn’t mean you must serve. You’re allowed to decline if you’re overwhelmed or simply unable to serve.

In one instance, a client was about to give birth just as her mother’s trust required action. She stepped aside, her sisters handled everything, and she stayed informed without being responsible for the work. Recognizing you’re not in a position to manage the process can prevent unnecessary delays and stress.

How Missing Paperwork Slows Things Down

Missing or incomplete paperwork can create significant bottlenecks. Key areas that often cause delays include:

Tax Returns

A decedent’s final income tax return is due on April 15 of the year following their death, and if they died early in the year without having filed the previous year’s return, the executor must file that one as well. In addition, estates that exceed certain thresholds require estate tax returns: currently $7,350,000 in New York and $15,000,000 at the federal level. Any estate taxes owed and the corresponding filings must be completed within nine months of the date of death.

Creditor Claims

Once the executor is appointed, a seven-month creditor period begins. Creditors can:

• File a formal claim
• Or simply send a bill

Executors should not distribute money to beneficiaries until this seven-month period ends. If money is distributed early and a valid bill arrives later, the executor is personally responsible and siblings may or may not return funds to help cover it.

Court Requirements

The court requires an inventory of assets to be filed seven months after appointment. While many assets don’t have strict deadlines, certain situations (like mortgage payments or real estate obligations) can force faster action.

Property With Mortgages

With traditional mortgages, banks are usually flexible as long as the payments continue, even though they technically have the right to require payoff after death. Reverse mortgages, on the other hand, are far stricter. Because payments were deferred during the owner’s lifetime and the lender is now entitled to repayment, the property typically must be listed for sale within six months of the owner’s death.

Bank Accounts

If an account sits untouched for too long, banks may turn it over to the state as unclaimed funds. It isn’t lost, it just becomes harder to retrieve, adding delays.

What To Do While Probate Is In Progress

In most cases, the answer is simple:

Wait. Be patient. Be reasonable.

Beneficiaries often want to know how the estate is progressing. A question we are constantly asked is, What should I be doing? Unless there’s evidence of wrongdoing, such as a severely undervalued home being listed far too low, there’s usually nothing to do but let the process play out.

If the executor has an attorney, beneficiaries can have their attorney check in periodically, especially once the seven-month creditor period has ended. But for the first several months, patience is the expectation, not action.

The Power Of An Attorney

Attorneys streamline the probate process by tracking deadlines, preparing documents accurately, communicating with the court, handling creditor claims, ensuring tax filings are completed correctly, and helping executors avoid common mistakes that can slow everything down. They also act as a buffer between family members, reducing conflict and keeping communication focused and productive.

Probate undoubtedly takes time, but with organization, awareness, and professional guidance, it doesn’t have to turn into an unnecessarily drawn-out or stressful experience.