When Planning Isn’t Enough: How to Avoid Estate Settlement Delays and Problems

Estate settlement delays can happen even when you have a will, powers of attorney, and all the right documents in place. You may feel relieved knowing your affairs are “handled,” but even the most thorough planning can still run into roadblocks. I’ve seen well-organized estates grind to a halt because of missing details, outdated information, or disputes no one expected.

Delays don’t just cost time and money — they add stress and uncertainty for the very people you were trying to protect. The good news? With a little more preparation, you can give your executor the tools they need to wrap up your estate as smoothly as possible.

The Gap Between Planning and Reality

Having a will isn’t a guarantee of a smooth administration. Many people assume that if the documents are in place, the executor simply follows instructions and distributes assets.

In reality, your executor may still face months – sometimes years – of work depending on what is uncovered after death. Missing accounts, disputes, or asset complexities can all slow the process and create estate settlement delays for your beneficiaries.

Common Problems That Cause Estate Settlement Delays

Even well-planned estates can hit unexpected snags. Here are some of the most common issues that create delays and the hidden challenges they bring for executors and families.

1. Outdated Information: Beneficiary designations that don’t match the will, old addresses, or forgotten bank accounts can all create delays. Executors often spend significant time tracking down accounts or clarifying ownership.

2. Missing or Unclear Instructions: Personal property, like jewellery or heirlooms, is often left out of formal documents. Without instructions, disputes can arise — even in otherwise harmonious families.

3. Complex Assets: Multiple properties, business interests, or investments in different provinces or countries can require additional legal steps, more cost and extended timelines.

4. Executor Challenges: Even a willing executor can face difficulties if they live far away, are unfamiliar with the process, or become ill or incapacitated themselves.

5. Disputes and Legal Claims: Family members may contest the will. Dependants or spouses can make legal claims, even if the will appears clear.

6. Tax Filing Delays: Estates often require multiple tax returns, sometimes for both the deceased and the estate itself. If records are missing, this can hold up filing. Incomplete or late returns can lead to penalties and prevent CRA from issuing a clearance certificate, which means the executor can’t close the estate.

7. Amended Returns and Trust Account Setup: If an asset is discovered late or income comes in after an initial return is filed, amended returns may be required. In some cases, the estate may also need to set up a trust account with the CRA for ongoing administration, both of which add time and complexity to the process.

A Costly RRIF Delay

In one estate I worked with, beneficiaries didn’t claim their inheritance from a RRIF in a timely manner. This triggered an amended T4 from the RRIF issuer, which in turn meant the estate’s tax return had to be refiled. That one delay added months to the settlement process.

Why Delays Matter

Probate and estate settlement can’t be completed until every piece is in place. These delays can mean:

Financial strain on beneficiaries waiting for distributions
Increased legal fees if disputes or errors occur
Prolonged emotional stress for your family
Executor burnout and damaged family relationships

The Missing Bank Account

Sarah’s will listed all her major assets, but one small savings account at a credit union wasn’t documented. Her executor only found out months later, after tax filings revealed the account. The extra paperwork delayed the estate’s closing by almost a year.

Already have your plan in place? Our Annual Estate & Legacy Plan Review ensures your documents and details are current, accurate, and ready to work when needed.

How to Avoid These Pitfalls

The best way to prevent estate settlement delays is to go beyond the documents. That means keeping your plan current, making sure nothing is overlooked, and preparing your executor for the role ahead.

Review your plan regularly: Update not just your will, but all accounts and beneficiary designations.
Document everything: Keep a clear record of assets, passwords, contact lists, and instructions.
Choose the right executor: Select someone capable, available, and informed about your wishes.
Communicate your plan: Let your executor and key family members know where things are and what to expect.
Consider professional support: Executor assistance services can prevent missed details and speed up the process.

Prepared and Problem-Free

Elaine had her will, powers of attorney, and beneficiary designations reviewed every two years. She kept a complete inventory of accounts, insurance, passwords, and important contacts in one secure place. When she passed away, her executor was able to close the estate in under nine months — with no surprises, no disputes, and no CRA delays.

Closing the Gap Between Paper and Practice

Estate planning is essential, but it’s not the finish line. Keeping your plan current, ensuring your executor is prepared, and organizing the details behind the documents can make the difference between a smooth process and one that drags on for years. Let’s make sure your plan works in practice, not just on paper. Contact NEXsteps today to review, update, and prepare your estate for a truly smooth handover.

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Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.

The Waiting Game: How Long Does It Take to Receive an Inheritance

When you’re expecting an inheritance, it’s natural to wonder, “How long is this going to take?” Whether you’re in Canada or the U.S., the process can feel like it drags on, but understanding what’s involved can help set your expectations. So let’s take a look at how long it usually takes to receive an inheritance, what can slow things down, and how to make the process smoother.

How Long Does It Really Take to Get Your Inheritance?

In Canada and the U.S., the wait to receive an inheritance can range from a few months to a couple of years. On average in Canada, you’re looking at about 12 to 18 months, and it takes an average of 20 months in the U.S. But why does it take so long? Here’s what can impact the timeline:

The Probate Process: This is the legal step where the will gets validated and assets are distributed. Depending on where you are and how complicated the estate is, probate can be quick or drag on for ages.
Estate Complexity: If the deceased had multiple properties, investments, or a lot of debt, it’s going to take longer to sort everything out. The executor needs to handle all of this before distributing the inheritance.
Where You Live Matters: In Canada, each province has its own rules, and in the U.S., it varies by state. Some places have streamlined processes, while others might have more red tape.
Family Dynamics: If someone contests the will or there’s a dispute among heirs, things can get messy fast. Legal battles over who gets what can add years to the process.

What Can Go Wrong?

Even if everything seems straightforward, a few common issues can throw a wrench in the works:

Messy or Outdated Wills: If the will is unclear or hasn’t been updated in years, it can lead to confusion and, often, disputes. This can mean more time in court before anyone sees a dime.
No Will: This happens more often than you might think. Some statistics report that over 50% of all people in Canada and the U.S. do not have a will. Without a will, the courts step in, adding time, difficulty and cost to the process. At the end of the process there may be little to nothing left for your intended beneficiaries.
Hidden Assets or Debts: Sometimes, there are assets or debts that weren’t clearly identified. Finding and dealing with these can add months to the timeline.
Taxes, Taxes, Taxes: While Canada doesn’t have an inheritance tax, there are probate fees and the estate might still owe capital gains taxes. In the U.S., there could be estate taxes, depending on how big the estate is. Sorting out taxes can cause delays.
Executor Issues: The executor is in charge of managing the estate, so if they’re not up to the task, things can slow down. This is especially true if they live far away or aren’t familiar with the process. And, in some cases, the executor doesn’t even know they are named until the person passes away, and may be unwilling to accept the role and the responsibility.

How to Speed Things Up (Or at Least Avoid Delays)

While you can’t always control how long the inheritance process takes, here are some tips to keep things moving as smoothly as possible:

Make a Will and Keep it Updated: An up-to-date will that clearly spells out who gets what can prevent a lot of headaches. Encourage your loved ones to revisit their will regularly, especially after major life changes.
Pick the Right Executor: Choosing a trustworthy and organized executor is key. If no one fits the bill, consider a professional executor like a lawyer or trust company.
Talk to the Family: Clear communication can prevent misunderstandings and help everyone stay on the same page. The more everyone knows about what’s happening, the less likely disputes are to arise.
Use Estate Planning Tools: Structure your estate wisely. Living trusts and insurance policies with named beneficiaries for example, can help bypass probate altogether, speeding up the process. But be sure to get professional advice to make sure it’s the right choice for you.
Get Professional Help: Navigating inheritance laws and taxes can be tricky. A lawyer or financial advisor can guide you through the process, helping to avoid common pitfalls and delays.

Final Thoughts

Waiting for an inheritance can be frustrating, especially when it feels like the process is dragging on forever. But understanding what’s involved and taking proactive steps can make a big difference. By keeping things clear, choosing the right executor, and getting the right advice, you can help ensure that when the time comes, the process is as smooth as possible. And, when appropriate, never hesitate to ask for guidance. As a Certified Executor Advisor, I can help.

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