If you have a loved one whose estate is going through probate or, more particularly, if you are the executor of an estate, you might be confused about how exactly the probate process works. Probate is lengthy and complicated, so mistakes are common when people without legal training try to undertake it by themselves. Even an experienced executor can be tripped up by common pitfalls, which can seriously delay the probate process, cost more money, and potentially land you in legal trouble.
At Z Family Law, we are dedicated to helping families address their legal issues with compassion and the weight of our years of experience. Our latest blog explores probate and some of the common mistakes that can make the process longer and more complicated. Read on to learn more about how you can avoid pitfalls associated with probate.
Disclaimer: This article is current as of January 2025 and all content is provided for informational purposes only. None of the information provided in this article, or elsewhere on this website, shall constitute or be construed as legal advice. For information specific to your individual circumstances, call us at (301) 781-7930 today.
What Is Probate?
Probate is the process following the death of a person (the decedent) by which their will is validated and their assets distributed to the appropriate beneficiaries. Probate also addresses the debts they left behind and allows family members to contest the legality of the will and asset distribution. Probate is not a quick or simple process and can take anywhere from a few months to a year depending on the size of the estate that is being evaluated.
The executor of the estate is the person responsible for overseeing probate, and their responsibilities include upkeep of the estate, communicating with beneficiaries, valuing assets, and more. If an executor mismanages the process, they run the risk of costing the estate money, prolonging the probate process, and even removal from their role or litigation being opened against them.
Listed below are some of the common missteps that can plague an executor and lead to these consequences.
Poor Time Management
Embedded within probate are many deadlines, especially deadlines related to taxes and bills, and if you fail to adhere to these deadlines, you risk being penalized. This can mean that beneficiaries do not get their inheritances on time or that their inheritances are depleted.
Poor Record Keeping
Probate is a process in which much accounting is necessary, so if you do not keep detailed records of receipts, expenses, interest, and statements, you run the risk of inaccuracies and missed deadlines if you are not able to access accurate numbers.
Neglecting Beneficiaries
In some cases, an executor might fail to identify all beneficiaries entitled to assets, which might mean that assets are distributed incorrectly. An executor might also fail to communicate with beneficiaries and keep them updated on the probate process, which can potentially cause them to become suspicious and even decide on litigation or a petition to remove the executor and appoint someone else. You also want to make sure that you are communicating with each beneficiary equally in order to curb the potential for favoritism.
Improperly Inventorying Assets
It can be difficult to valuate assets, as well as to ensure you are taking account of all the assets that have to be appraised in the first place. If you are unable to properly inventory the assets, beneficiaries will not receive what they are owed, and they might choose the route of litigation.
Further, a common mistake is confusing what assets need to go through probate–you do not want to calculate jointly owned property or property secured in trusts because those assets are not up for grabs in the probate process.
Distributing Assets Too Soon
If you are the executor of the estate and distribute the assets to the beneficiaries too soon, you can get into a lot of trouble. Creditors have up to a year after the probate process is opened to claim debts, so if you have already distributed assets when a claim pops up, the estate will not be able to pay the debt to which the creditor is entitled.
If the estate is not able to properly pay the debt, both you and the estate might face a lawsuit. Wait until you are given the authorization to distribute by the court and don’t allow yourself to cave to pressure from beneficiaries who are eager to receive their share.
Not Hiring A Probate Lawyer
If your loved one passes away and you need to probate their estate, you need help as the executor. If you want to avoid the pitfalls that are listed in this blog, the right lawyer can minimize your stress and make the entire probate process much easier and quicker. It is not advisable to try to do everything in the probate process on your own, not only because you open yourself up to the risk of mistakes, but because it can be incredibly draining, especially if you are going through a period of grief.
Working with someone experienced in the law and compassionate with their clients can mean the difference between smooth sailing and constant headaches, not only for the efficacy of the probate process, but for your personal stress and peace of mind.
Z Family Law Can Guide You Through Probate With Ease And Care
When you work with Z Family Law, you are never just a case number. We are dedicated to helping families navigate the legal process with compassion, care, and experienced service. If you have recently lost a loved one and need to open probate, let us take on the hard work so you have space to grieve and celebrate the legacy of your loved one. Reach out for a free case evaluation and learn more about how we can make a difference for you throughout this difficult time.