The probate process can often be a time of great stress for families who have just lost their loved one. Learn more below about probate, what can go wrong during the process and how you can best handle it.
What is Probate?
Probate refers to the process through which the court validates the decedent’s will – i.e. the will of the person who passed away – and ultimately distributes the assets to the appropriate parties.
What Are Some Common Problems That Can Arise During Probate?
While it is already stressful to lose a loved one, there are additional complications that can be brought about by the probate process. Common problems occurring during probate include the following:
- A challenge to the validity of the will
- A dispute over the estate and its value
- An executor who does not want the position
- Allegations of executor misconduct
- Incomplete or incorrect documentation
- Family members that cannot be located
A challenge to the validity of the will
One of the most common probate complications results from a challenge of the validity of a will. In these instances, heirs or potential heirs will allege that the decedent’s will was made under undue influence or fraud.
A dispute over the estate and its value
A precise valuation of the estate is key, as misvaluing assets can lead to probate delays.
An executor who does not want the position
The executor is the person responsible for managing assets and properly distributing those assets to the appropriate parties following the testator’s (the person who made the will) passing. While many executors carry out the role they were chosen for, some choose to opt out of the role, at which point the court will select a new executor.
Allegations of executor misconduct
Executor misconduct of any kind, or even the allegations of such misconduct, can lead to delays in the probate process. In many cases, the allegations of executor misconduct involve mismanagement of funds.
Incomplete or incorrect documentation
Incomplete or incorrect documentation is another cause for complications during the probate process. For example, if the decedent’s will was not up to date at the time of their passing, the will may contain assets that are no longer actually available, such as property that may have been sold previously.
Family members that cannot be located
Whether from outdated contact information or just the family member not responding to messages, not being able to locate one or more of the beneficiaries can lead to a burden during the probate process. If one or more beneficiaries cannot be located to sign the proper documentation they need to, court permission may be needed to go forward with the distribution of the decedent’s estate.
Probate can have many consequences for families, from financial implications to the emotional toll the process can take on the beneficiaries who are already grieving the loss of a loved one.
If you find yourself facing this situation, you do not need to navigate the probate process alone. For any questions regarding the probate process and how to handle it, or any of your other estate planning needs, we are here to help. Contact us today to learn more about how we can work with you.
For more information regarding various estate planning and elder law topics, view our resources page, where you will be able to find previous blog articles, newsletters and our informative webinar series.
Image by Mohamed Hassan from Pixabay
