Probate is the process of recognizing a will and appointing someone to administer an estate on behalf of its owner who has died. While typically time-consuming, probate is often essential to ensure deceased people’s assets can be legally transferred to their beneficiaries.
The probate process can take several months and generally requires the involvement and guidance of experienced probate lawyers. Legal representation can undoubtedly make the process much smoother for all involved, but that doesn’t mean they won’t encounter problems along the way. Here are some of the most common probate issues and how you might be able to avoid them.
Delays
One of the most frustrating parts of the probate administration process is how long it takes. It’s not uncommon for families to be waiting several months and up to a year for their loved one’s affairs to be adequately settled. Sometimes, they can wait even longer if their loved one doesn’t have a will.
Delays in the legal system are expected and unavoidable in most cases. However, probate delays can be avoided in some situations. If a lengthy probate process with a loved one has you reevaluating your own estate, consider researching living trusts.
Living trusts are estate planning tools that enable you to protect your assets and hasten their distribution after your death. In this process, you would designate a trustee and provide directions for how assets are distributed.
Validity Concerns
Wills are legal documents typically signed when the will’s owner is of sound mind and not being coerced or influenced. Sometimes, the probate process can be lengthened when an heir doesn’t think the will is valid. For example, they might believe their loved one wasn’t of sound mind or was the victim of fraud.
Such accusations can hold up the probate process for several months or even years until a judge can prove or disprove its validity. Fortunately, having multiple people witness the signing of a will can make it much easier to prove will validity.
The Executor Doesn’t Want the Role
Will executors have an important job to do. They must ensure that all assets like property and money are managed correctly and help the probate process go as smoothly as possible. It can be a huge responsibility, so many people assign this job to someone they trust when creating their will.
However, not all assigned executors want this responsibility and refuse to carry out the tasks expected of them. In this situation, courts typically appoint someone else to handle the probate process. You might be able to avoid such problems yourself by asking your preferred executor if it’s a job they’d be capable of handling before putting their name on a legal document.
Will Age Concerns
People can make multiple wills over their lifetime. Life events like buying a house and starting a family can make this necessary. However, this can sometimes mean there are queries about whether a will a family member has found is the most current. Generally, the courts can help decide which one they should enforce. This can be avoided by destroying all old wills and ensuring your latest one states that you revoke all previous wills.
Probate problems can be stressful for families already dealing with losing a loved one. Now that you know the most common probate issues, you might be better positioned to avoid them for your family’s sake.