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Wyatt Hardy, PLC

Criminal, Family and Probate Law

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Criminal, Family and Probate Law

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What complications may arise during probate?

On Behalf of | Jul 1, 2021 | Probate |

The probate process helps to validate your will and ensure the distribution of your estate follows your wishes. The court oversees the process, but your chosen executor will manage the estate.

Policygenius explains there a range of issues that could come up during the process, and many of them involve your executor.

Start the process

Your executor must start the probate process by getting your death certificate and providing it to the court. Once filed, the court can begin the legal steps. The main issue your executor may face is getting a valid copy of the document. He or she may have to go through a lot of bureaucracy to secure it, which can slow things down and delay the start of probate.

There is also a potential for confusion with filing the certificate. If your executor files with the wrong court, it will cause a delay, or if he or she does not file properly, it can cause issues.

Asset and debts

Your executor will also need to locate all of your assets and identify all debts. This process can be complicated if you did not have an organized estate. There is a lot of opportunities for probate to slow down while the executor finds assets or tries to identify and handle debts.

Heirs

The executor also must find all the heirs. In some cases, this is simple, but it has the potential to take a long time if someone is hard to find. The process cannot close until the executor finds all heirs and distributes all inheritances.

You can help prevent probate issues by putting together a solid estate plan with clear instructions and details.