The Biggest Mistakes People Make When Probating an Estate
Losing a loved one is difficult enough without the added stress of having to make important financial decisions while grieving. For many people, the duties and responsibilities of
probating a loved one's estate can feel overwhelming. The probate process is time-consuming, complicated, and, quite often, extremely frustrating. If you have been named as an
executor or personal representative and are tasked with settling an estate through probate, you'll want to avoid these common mistakes.
Handling assets incorrectly
One of the first things an executor or personal representative must do is secure all of the decedent's assets. Accomplishing this requires taking different steps for different types
of assets. For example, financial accounts may simply need to be closed, whereas real property (such as a house) might require making sure the property is secure and arranging for
its maintenance.
Categorizing assets incorrectly
Some assets do not have to go through probate. When you inventory assets, it is important to make sure you categorize them properly. Assets that are not typically subject to probate
include:
- Assets held in trusts
- Funds held in certain "beneficiary designated" accounts (that is, accounts where
beneficiaries have already been designated)
- Certain forms of property held jointly
Failing to determine "Date of Death" values
Date of Death values refer to the fair market value of each estate asset at the time of the decedent's passing. The sooner this task is undertaken, the easier it will be to
determine the correct value. Executors often turn to professional appraisers for assistance with this task.
Handling creditors improperly
Every potential creditor of the estate must be notified about the estate going into probate. If the creditor is known, he or she can be notified personally. Unknown creditors, on
the other hand, must also be notified. How? Through a notice published in a local newspaper.
The probate must be kept open for a period of time mandated by state statute to allow creditors to file claims against the decedent's estate.
Failing to communicate effectively with estate beneficiaries
Working closely with beneficiaries is not a legal requirement, but failing to keep them abreast of developments can be a big mistake. In fact, poor communication sometimes leads to
unnecessary, and expensive, litigation.
Remember: You are not the only one dealing with the loss of a loved one--so, too, are the decedent's heirs. It is an emotional time for them, and they may feel slighted or
ill-treated if you don't stay in touch with them.
Distributing estate assets too soon
As the estate's executor, you have the authority to distribute assets to beneficiaries as well as to approve and pay creditor claims. However, sometimes an estate lacks sufficient
assets to honor bequests made in the will and pay every creditor claim. In such a situation, creditors must be prioritized according to the law and assets must be dispersed based on
that prioritization. If you, as executor, do not follow the law, you could be held personally liable.
If you have been named as an executor/personal representative and would rather not accept the responsibility, we can handle the probate process for you from start to finish. This
will allow you to focus on what is most important... coming to terms with your loss. Remember: You are not alone during this difficult time.
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