When someone passes away without a plan or leaves behind just a simple will, many families in Oakland County end up in probate court. At first, most people think it will not take long. But as weeks turn into months, it is clear that probate is rarely smooth or quick.
For families already under stress, these delays can be overwhelming. Things like court backlogs, legal steps, and family disagreements make everything take longer. This is where having a probate attorney in Oakland County can make a difference. By learning how probate works and what causes the slowdowns, you can make better decisions and keep things moving. Here is a closer look at what really slows down probate—and how better planning up front could have avoided many problems.
How Probate Works in Michigan
Probate begins when someone dies owning property or assets in their own name and did not use a trust or other planning tool. If that is the case, those assets usually end up at the probate court. The court’s job is to pick someone to manage the estate, make sure all debts are paid, and pass what is left to the right people.
There are several main steps:
- The court names a personal representative (often a family member).
- The court reviews and validates any will.
- The estate’s property is collected and valued.
- Debts are paid using the estate assets.
- The rest is given to those who inherit.
In Michigan, there are two main types of probate. Unsupervised probate is most common and tends to move faster because the court does not approve each step. Supervised probate is slower. The court checks and approves everything before anything can be given or transferred. This slows the whole process, especially if there is fighting or confusion among the heirs.
Common Reasons Probate Gets Delayed in Oakland County
Court scheduling is a big issue. Courts in Michigan’s larger areas like Oakland County are busy, so it can take weeks just to get a hearing or move to the next step. If a form is missing or something is filled out wrong, the case is pushed back even longer.
Tracking down estate assets can drag things out, too. Cars, houses, or savings accounts may be hard to find or document. If nobody has a list or clear paperwork, settling these assets takes extra time.
Outdated or missing documents are another roadblock. The family might not be able to find the original will, or the will is so old that it does not match current wishes. If relatives do not agree on what the deceased wanted, more hearings are needed to clear things up, which often means additional waiting.
How Family Disputes Can Slow Things Down
When families fight, probate can nearly stop.
Disagreements happen over what a will says or who should be in charge of everything. Sometimes siblings or other relatives argue about dividing up property, paying debts, or selling a family home. If a challenge is filed in court, or if someone hires their own lawyer, it adds new layers of delay. When there is no will, Michigan law steps in and divides things according to its own formula, which often upsets people and leads to more disputes.
The problems can last long after the court case ends. Broken relationships, hard feelings, and lost trust are difficult to fix once the process drags out through probate.
What to Know If Real Estate Is Involved
Probate is much slower when there is a house or other real estate in the estate. Legal proof of ownership has to be provided, the property often must be appraised, and if heirs want to keep or sell the property, court approval is needed. Any mistake with paperwork, title, or signature can pause everything.
If there are multiple heirs, and some want to sell while others want to keep the home, disagreements stretch out the timeline. If there is no clear will or instructions, Michigan state laws step in, but those rules are not always what families want.
Putting property in a living trust could have saved months or even years. A trust lets real estate skip probate completely and makes transferring the property much simpler for the family.
How Mistakes and Oversights Make Probate Last Longer
Simple mistakes slow probate more than most people expect.
A will could name someone as personal representative who does not want the job, or the person could have already died or moved away. Old wills often have outdated heirs, wrong property descriptions, or missing documents, all of which slow things down.
Filing the wrong paperwork or missing a court deadline costs families more time. If something is missing or a form is not signed right, the court will delay the process until it is corrected. For many families, this becomes overwhelming during stressful times. Working alongside a probate attorney in Oakland County makes it easier to catch small errors before they create long delays.
Some law firms in Oakland County even offer secure online access to probate paperwork and timelines. Families can view the status of the case, track required filings, and upload new documents. This helps keep everyone on the same page and speeds up the resolution process by preventing paperwork mix-ups or missed deadlines.
Helping Your Family Avoid Probate Delays in the Future
Court delays, old paperwork, and disagreements over family property are all common in the probate court. But most of these can be avoided with the right plan.
An updated estate plan with clear instructions will often save your family time, stress, and possibly even court altogether. By making clear choices, updating documents, and keeping track of how property is titled, you can control much of what happens later.
Acting now, like keeping property in trust, updating your will, or even just double-checking paperwork, gives loved ones the best chance of avoiding probate headaches. These small, simple steps are what protect your family when they need it most, easing the process through what is already a tough time.
Families in Macomb and Oakland County deserve clear direction when managing a loved one’s estate. Talking with a local probate attorney in Oakland County can help prevent confusion and delays down the road. At Kata Law PLLC, we help you understand your options and create a plan that keeps things simple and stress-free for the people you care about most.
