E235 3 Reasons Probate Court Takes So Long

<p>Clients often call asking us why their probate case is taking so long. Probate usually takes a while, but lately, it has become an even longer process. We will discuss three current, real-world situations to help you understand what your case might be taking longer than you thought.</p> <h2>Is there a backlog for probate?</h2> <p><img class="aligncenter size-medium wp-image-10890" src= "https://anthonyspark.com/wp-content/uploads/2021/09/Is-there-a-backlog-for-probate-300x169.jpg" alt="Is there a backlog for probate?" width="300" height= "169" /></p> <p>As is the case for any bureaucracy (especially government), due to COVID/lockdowns, the courts have had limited staff and operations for over a year. This means the courts (which are generally not lightning fast anyway) are now playing one year’s worth of catch up. Probate court piles have been stacking up; it’s not as if people stopped dying.</p> <p>On top of the daunting backlog, the courts are understaffed. Additionally, new clerks are hired who are not very experienced. Also keep in mind that many offices are working on a staggered in-person schedule. This leads to more delays and mistakes because there may not be enough experienced workers to provide solid training. The new clerks may have to wait much longer to get a simple answer from a supervisor who is working remotely. Meanwhile, the piles of files are stacking higher.</p> <h2>Can probate court change its mind?</h2> <p><img class="aligncenter size-medium wp-image-10891" src= "https://anthonyspark.com/wp-content/uploads/2021/09/Can-probate-court-change-its-mind-300x200.jpg" alt="Can probate court change its mind?" width="300" height= "200" /></p> <p>Imagine the court (clerk, staff member, etc.) reviews your file, and requires a laundry list of changes from you. This is normal and happens often. But many changes are very time consuming, such as getting papers signed, translated, ordered from other courts, etc.</p> <p>Even if we think the changes are unnecessary, usually it’s just better to grin and bear