If passing assets through a Will, the process of probate is required. Probate is the state-regulated process requiring a court and a judge to pass assets to the heirs. While it is efficacious, sometimes probate can be a grueling process.
The state mandates that a minimum seven months pass before an estate is closed. You can expect at least twelve to fourteen months from the date of death before the estate’s closing. It also requires filing fees and paperwork that the Trust does not.
A significant hurdle with probate is finding heirs. In order to properly probate a will, the executor must either get all the closest heirs to sign waivers and approve the Will. Without this or if the heirs cannot be found, the process will stall.
Sometimes the closest relatives are cousins, which can be difficult to find. The rules say even if these people are not named in the Will, they must be notified.