Why Does the Probate Process Take So Long?
When a loved one passes away, families often expect the probate process to wrap up quickly. After all, how hard can it be to transfer property and close accounts? The reality is very different.
Probate takes time—sometimes months, sometimes more than a year—and there are good reasons for it. At The Probate Law Center, we walk families through this process every day in Missouri and Kansas. If you’re wondering why probate moves at such a slow pace, here are the main factors to understand.
Probate Is a Court Process
Probate is not just paperwork—it’s a legal proceeding. Every step requires following state laws, local court rules, and filing deadlines. The court’s job is to:
Make sure debts are paid.
Confirm who the rightful heirs are.
Supervise how property is distributed.
Because probate involves legal safeguards, the process cannot happen overnight. Each step builds on the one before, which naturally creates delays.
Waiting Periods Are Built into the Law
Both Missouri and Kansas law include mandatory waiting periods:
Missouri: Creditors have six months from the time probate opens to file claims against the estate.
Kansas: Creditors generally have four months after the first notice to creditors is published.
During this time, the personal representative, executor, or administrator cannot close the estate, even if everything else is ready. The law gives creditors their chance to come forward, and this waiting period slows down the entire process.
Gathering Information Takes Time
Another reason probate drags on is the amount of information that must be collected. The personal representative must:
Identify all assets owned by the deceased.
Obtain appraisals for real estate, vehicles, and personal property.
Locate bank accounts, retirement funds, and investments.
Review outstanding debts, taxes, and bills.
In many cases, the deceased person didn’t leave organized records. Sorting through papers, tracking down accounts, and working with banks or financial institutions can take months.
Property Sales Can Delay Probate
If the estate includes a house or other real estate, the personal representative may need to sell it. In both Missouri and Kansas, selling property from an estate requires court approval. The steps often include:
Filing a petition to sell.
Notifying heirs.
Waiting for the court to issue an order.
Listing the property and finding a buyer.
Finalizing the sale and reporting back to the court.
Each step requires time, and delays are common if the market is slow or buyers back out. Until the property is sold, the estate cannot be closed.
Disputes Between Heirs Cause Delays
Probate also slows down when families disagree. Common disputes include:
Will contests – Someone challenges whether the will is valid.
Claims of undue influence – Allegations that someone pressured the deceased into making certain decisions.
Arguments over property – Disagreements about who should receive sentimental items or valuable assets.
When heirs fight, the case can shift from a straightforward probate to a full litigation matter, adding months—or even years—to the timeline.
Court Backlogs and Local Rules
In Jackson County, Clay County, Platte County, Cass County, Wyandotte County, Kansas and Johnson County, Kansas, probate courts often have heavy caseloads. Judges review filings in the order they’re received, and hearings may be scheduled weeks or months out.
Each county also has its own local rules and preferences. A filing that’s acceptable in one county might be rejected in another, requiring corrections and resubmissions. This adds even more time to the process.
Tax Filings and Final Accountings
Even after assets are gathered and debts are paid, the estate isn’t finished until taxes and final reports are complete. The personal representative may need to:
File the deceased person’s final income tax return.
File estate income tax returns if assets generate income.
Prepare a final accounting showing every dollar received and spent.
These accountings must balance to the penny, and the court will carefully review them before allowing the estate to close.
Why Probate Feels Slow to Families
To families, the probate process often feels unnecessarily drawn out. They may ask:
“Why can’t we just divide everything now?”
“Why is the court involved in every step?”
“Why do creditors get so much time?”
The answer is that probate is designed to protect both heirs and creditors. It ensures that everyone is treated fairly, property is properly transferred, and debts are lawfully handled. While the process feels slow, it’s meant to prevent mistakes, fraud, and unfairness.
How The Probate Law Center Helps
While no attorney can eliminate the waiting periods built into law, The Probate Law Center helps families in Kansas City and the surrounding metropolitan area by:
Filing paperwork correctly and on time.
Guiding personal representatives through asset collection and appraisals.
Handling creditor claims and disputes.
Obtaining court approval for property sales.
Preparing accurate accountings to avoid rejections and delays.
Our goal is to move your case forward as quickly as possible while ensuring compliance with Missouri and Kansas probate rules.
Final Thoughts
Probate takes time because it is a court-supervised process with built-in waiting periods, detailed requirements, and oversight designed to protect everyone involved. Factors like property sales, disputes between heirs, and court backlogs can add to the delays.
If you’re facing probate in Kansas City or the surrounding metropolitan area, don’t go through it alone. At The Probate Law Center, we focus exclusively on probate, guardianship, conservatorship, and related disputes. We’ll help you understand the timeline, guide you through each step, and make sure your loved one’s estate is handled with care.
Disclaimer: This blog is for informational purposes only and does not create an attorney-client relationship. For advice about your specific situation, consult an attorney licensed in Missouri or Kansas.