Question

When does an executor's delay become a serious problem?

The part I do not want to guess about is this: when does an executor's delay become a serious problem? A relative died and the person expected to handle the estate still has not moved the probate process forward.

Asked in Saratoga Springs, NY · Mar 2, 2026 · 1 answer

Answer
Soradin

Soradin

General information

Posted Jul 24, 2026

For the issue described here, a beneficiary may be able to request information, ask the probate court to set deadlines, or seek another fiduciary if delay is harming the estate. In the estate planning context, the correct remedy depends on whether probate has been opened and why the delay is occurring. When relatives disagree, a negotiated solution can cost less than litigation, but it still has to respect the fiduciary's duties and each person's legal rights. State law can materially change probate, trust, ownership, and family outcomes, so a local attorney should check the governing documents and the current court or title record before anyone makes a move that would be difficult to undo.

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