The average probate proceeding in Nevada takes four to six months to complete. Some, however, take over a year. Several factors could delay the probate process, so it’s not necessarily the executor’s fault that it may take longer than anticipated.
Conflict between beneficiaries
If beneficiaries fight with each other or the executor, the probate process takes longer because of the conflict. This is especially true when one or more of the beneficiaries hires an attorney, turning it into a legal battle that may take years to finalize.
Assets outside of Nevada
The executor needs to oversee more than one probate process when the decedent possessed assets out of state. This will naturally make probate take longer because there is more legal paperwork to go through.
A lot of beneficiaries
If there are more than three beneficiaries, this can also delay the probate process. The executor needs to legally inform each beneficiary and keep him or her updated about what’s going on. Some documents require the signature of beneficiaries. Thus, when one person is taking a long time to sign, it slows down probate.
Beneficiaries outside of Nevada
Since the executor needs to mail certain documents to the beneficiaries, the probate process takes longer when some of the recipients live out of state or the country. Time zones can also play a factor in slowing down probate as it may be challenging to find convenient times to discuss what’s going on with the executor.
When assets are difficult to value, it also delays probate because the executor may not come up with the same calculation as the IRS. Examples of unusual assets are patents, mineral rights and racehorses. Collectibles are also difficult to value and often slower to sell if the executor needs to liquidate them to complete probate.
It’s important to fill out the necessary forms promptly to avoid causing more delays with probate. Some estates take years to settle because of their complexity.