7 Common Mistakes Made When You Probate a Will

It’s hard enough to lose a loved one without adding the stress of probating a will. To probate a will means to establish its validity. Below are 7 common mistakes made during the probate process to help guide the bereaved in the right direction.

1) Procrastination

It’s understood, the bereaved need time to grieve. However, starting the process and contacting a probate attorney makes sense because waiting to hire a lawyer can make proceedings more difficult, costly, and time-consuming.

2) Hiring the Wrong Probate Attorney

It’s important to research professionals with experience in your situation and to find someone you can trust.

3) Not Understanding the Probate Administration Timeline

There are a variety of probate processes. The most common process is a court-supervised probate administration, which commonly takes from 6-8 months to finish. This timeline is dependent upon the type of probate administration as well as whether or not the four month time period for creditors to claim a debt is required.

4) Misunderstanding Responsibility

Mistakes happen, however, any made with estate planning and managing assets may lead to money lost, deadlines missed, and even personal liability.

5) Not Identifying and Securing Assets

It is all too easy for someone to not know what is considered an asset, but this mistake can lead to added stress, as well as loss of money and time.

6) Improper Claim Pay

If claims aren’t handled correctly, it can cause lost time and financial risk. For example, paying one creditor in full and not having sufficient funds to pay remaining creditors could lead to the personal representative being personally responsible for paying any shortages.

7) Real Estate Mismanagement

Managing assets and estate planning includes understanding when real estate passes to the beneficiaries or heirs-at-law and whom is responsible for upkeep, insurance, mortgage payments, and taxes during probate administration.

These mistakes can be avoided when working with someone reliable. Trying to go through probate alone can be overwhelming, so please feel free to contact us for a free consultation. Over the last 40 years, we have helped our customers handle their probate needs, and we would love to help you, too.

Alex Johnson

Alex Johnson

Alex Johnson is a partner at Johnson, Murrell & Associates specializing in probate law. He is a University of Tennessee College of Law graduate, and his experience includes serving on the Leadership Tomorrow Advisory Board, the Sevierville Commons Association, and the Board of Directors for the United Way of Sevier County.