Mistakes to Avoid During Probate
- Kathy L. McNair, Esq.
- Jul 1
- 2 min read
Probate is the legal process of administering an estate after someone passes away. While it ensures that assets are distributed according to the deceased’s wishes or state law, it can be complex, time-consuming, and costly if handled incorrectly. Below are common mistakes people make during probate and how to avoid them.
1. Failing to Locate All Assets
One of the first tasks in probate is identifying and gathering all assets. Missing assets can delay probate and create legal complications.
How to Avoid It:
Review financial statements, property records, and personal files.
Check unclaimed property
Ask the IRS for their records
Work with an estate attorney to ensure nothing is overlooked.
2. Mismanaging Estate Debts and Taxes
Failing to pay off debts and taxes before distributing assets can result in legal liability for the Executor or Personal Representative.
How to Avoid It:
Identify all outstanding debts and notify creditors properly.
File required federal and state estate tax returns if applicable.
Work with a financial advisor or attorney to ensure compliance.
3. Distributing Assets Too Early
Beneficiaries often expect quick distributions, but paying them before settling debts and taxes can leave the Executor personally liable if there are not enough remaining assets to cover obligations.
How to Avoid It:
Before making distributions, wait until all debts, expenses, and taxes are paid.
Keep a reserve fund for unexpected expenses.
Follow the court’s timeline for distributions.
4. Not Keeping Proper Records
Executors are responsible for tracking all financial transactions, and failing to do so can lead to disputes or legal consequences.
How to Avoid It:
Maintain detailed records of all income, expenses, and distributions.
Use an estate accounting system or software.
Provide regular reports to beneficiaries if required.
5. Ignoring the Probate Court’s Deadlines and Requirements
Each state has its own probate laws; missing deadlines can result in legal penalties or even removal as Executor.
How to Avoid It:
Keep a calendar with important deadlines.
Respond to court requests and filings promptly.
Seek legal counsel if you are unfamiliar with the probate process.
6. Mishandling Disputes Among Beneficiaries
Family disputes are common in probate, and mishandling them can lead to costly litigation and delays.
How to Avoid It:
Communicate openly with beneficiaries to manage expectations.
Remain neutral and avoid favoritism.
Consider mediation for disputes to avoid court battles.
7. Overlooking the Need for Professional Assistance
Many people try to handle probate without legal or financial guidance, leading to mistakes that could have been avoided.
How to Avoid It:
Consult with an experienced probate attorney.
Consider hiring an accountant to assist with tax filings and financial matters.
Use an estate planning professional if the estate is complex.
Avoiding these common probate mistakes can save time, reduce costs, and prevent family conflicts. If you are serving as an Executor or Personal Representative, seeking professional guidance is important to ensure a smooth process.
Senior Solutions, Attorneys at Law, is an Estate Planning and Elder Law firm serving the Greater Boston, Massachusetts area since 2001. We are ready to help you with Medicaid Planning, Estate Planning, Probate, Guardianship & Conservatorships, Special Needs Trusts, and Fiduciary Services. We are here to help. Please call our office at 617-489-5900 or schedule a brief consultation (offered to new clients) by clicking the button below:
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