Probate is the legal process that helps facilitate the transfer of assets following a death.
This process can take a considerable amount of time. When problems arise, it can result in extended delays and increased frustrations.
1. Someone contests the will
If a person believes the will does not accurately reflect the deceased’s wishes, they can attempt to avoid probate by proving the will is not valid. The estate’s executor may defend the validity of the document with relevant evidence. If you do not resolve this issue as soon as possible, it can impede the probate proceedings.
2. The executor of the estate does not fulfill the legal obligations
If an executor acts to satisfy self-interests or does not meet the required responsibilities during probate, legal remedies are available to you. You can appoint a new person to oversee the process or take legal action if you suffer financial loss.
3. The executor does not want to perform the necessary duties
The person named in the will as executor can decline the appointment. If this occurs, the court designates an estate administrator or personal representative to handle the process.
4. The heirs disagree about the estate distribution plans
When estate plans do not appropriately divide all the assets, it can result in family conflicts and add significant time to the probate proceedings.
5. The executor of the will cannot locate all of the assets
If finding some of the estate’s assets becomes difficult, you can use legal methods and tools to uncover the property.
The probate period can add stress to an already challenging time. Problems within the process can lead to discouraging and time-consuming barriers. Navigating probate to minimize complications requires extensive knowledge of the legal system and court procedures.