If your loved one has passed away, their estate will have to go through probate before the proceeds from their will can be divided among the beneficiaries. During probate, the court will go over your loved one's estate and make sure that everything is in order. If your loved one had a will, the court will proceed according to the orders established by that document. However, if your loved one passed away without a will, the court will be responsible for dividing the assets of the estate. Before anything can be done with your loved one's estate, a probate case must be opened. Here are four common mistakes that can slow down the probate process and delay the proper division of the estate.
Failing to Promptly Open a Probate Case
When it comes to probate matters, one of the biggest mistakes you can make is waiting too long to open a case. In most states, you're required to open a probate case within 30 days from the time of death. Waiting too long could delay the process and cause an inaccurate division of assets. If you were going to ask the courts to appoint you as the executor of the estate, you may forfeit that right if you delay opening the case. To prevent problems, make sure you open that you file probate paperwork as soon as possible.
Failing to Give Proper Notice
Family member, creditors, and others who may have a vested interest in your loved one's estate have a right to be notified about the proceedings. If you have been appointed executor of the estate, you must provide all potential beneficiaries and other interested parties sufficient time to respond to the probate case.
Failing to Provide for Final Expenses
When filling out the probate paperwork, you'll need to make an accounting of all the debts that were left behind by your loved one. Those debts will be paid out of the estate before beneficiaries receive their portion of the inheritance. When determining the debts, it's important that you include the final expenses. Failing to include those expenses could cause delays and lead to further legal proceedings if the creditors come after the estate for payment.
If your loved one has passed away, you want to avoid delays in the processing of their estate. The information provided above will help you avoid common mistakes associated with the probate process. If you have questions about your loved one's estate, be sure to speak to a probate attorney like those at Flaccus Law as soon as possible.
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