Even after drafting your will and planning your estate meticulously, many things could go wrong during probate.
Probate can be a very challenging process, thus it is important that you make an estate plan that bypasses this process. Failure to do so may put your beneficiaries and estate executor in a very difficult position.
They’ll surely go through a lot of challenges along the way before your assets are released to them. They may spend a lot of money on things like attorney fees, court fees, etc. And there could be delays, thus making it impossible for them to inherit your assets in time.
Before we consider other challenges faced during probate, let us take a look at what probate is.
What is Probate?
Probate is simply the legal framework that is used to handle property, possessions and finance. This court process is mainly carried out to determine the authenticity or validity of a will and administer the estate of a deceased estate owned (if he or she died without a will).
As we already know, the probate process can be complex, long winded and very frustrating. How does this process work? You may ask. You see, most individuals will have made a will or need to draft a will (a legal document designating the person or person who is tasked with executing the decedent’s wishes for the administration of their estate). If there exit no will then an executor is designate by the court.
Challenges Faced During probate
1. The probate assets could not be found
For the assets to be shared, your executor must be able to find them. If they are these assets cannot be found, it will result in a huge delay in the transfer of ownership which could affect the probate process. This unfortunate incident can be prevent by ensuring that you provide information about your assets when writing your will.
2. Will is contested
It is very common for disagreements to ensue among family members during the probate process. While this can happen in any situation, it is especially true when your estate consist of huge assets and you have complicate family arrangements.
Some parties may contest the validity of your will and challenge whether it really affects your wishes. You will then have to depend on your executors to provide good evidence that shows your will is valid and enforceable under the probate law. To lessen the tension among family members you can hire a probate lawyer to act as the executor of your estate. This individual should be able to know how to act in case any argument arises.
3. Will could not be found
In order for your executor to apply for a grant of probate from the courts, they will require your will. If the will isn’t with them, the ideal place for them to check would be in the Wills Registry. They can also consult the lawyer who assisted you in writing the will.
If the original will cannot be found, there could be problem. Some states allow the submission of a copy of or draft of the will pending when the original is located. If the original is not located, the laws on intestacy will apply, and it will seem like you didn’t write a will at all.
Need a Probate Attorney?
If the estate of a loved one is set for probate, you will need to contact a probate attorney for assistance. As the executor of an estate, it is your duty to handle the probate process. However, we will agree that handling a process as challenging as probate may be too much for you. So, why don’t you hire some helping hands? Our experience probate attorneys can help you and the beneficiaries of the estate overcome the probate process without any difficulties or delay.
This professional will ensure that the probate process is over in no time so that the beneficiaries of the estate can receive their portion of the deceased’s assets. Please contact our office and let’s help you take this burden off your shoulders.