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California Probate, Will & Trust Lawyer > Blog > Probate > Common Problems That Arise During Probate

Common Problems That Arise During Probate


Often, after a person dies, the probate process must take place. Probate is the administration of a person’s estate. Some of the vital steps the personal representative takes during the probate process include gathering and managing estate assets, notifying beneficiaries and creditors about the probate process, evaluating estate assets, and paying debts and taxes. The probate process is designed to facilitate the transfer of a decedent’s estate assets to beneficiaries (if there is a Will) or heirs (if there is no Will).

Many people feel a great sense of relief when the probate process ends. The probate process can be demanding, and many things can go wrong during the probate process. So many challenges can arise during the probate process. This article discusses some of the common problems that can arise during probate.

Common Problems That Can Be Encountered During the Probate Process

Every probate case is unique. So, the problems in one case are different from those in another. However, there are some common problems that come up during the probate process. The following are some of the common issues that arise during probate;

  1. The Executor Not Being Willing To Serve

One of the most common problems during probate is the person named as executor in the decedent’s Will being unwilling to serve in that capacity. While many people who find themselves named as executors are willing to serve, some people don’t want the job. For example, if a person does not have enough time to dedicate to the job, they may be unwilling to serve. Other reasons someone might be unwilling to serve as an executor include conflicts of interest, lack of expertise, emotional burden, and fear of liabilities. Such a problem can delay the probate process if no alternative executor is named in the Will.

  1. Conflicts Among Family Members

The following are some of the things that could result in conflicts among family members during the probate process;

  • Challenges to the validity of the Will
  • Misunderstandings regarding inheritance
  • Disagreements over selling the family home
  • Ambiguous wording in a Will
  1. Delays

Delays during the probate process can occur for various reasons. For example, when an executor refuses to serve and no alternative executor is named in the Will, the probate process could be delayed. Other things that could result in the probate process dragging on include the case’s complexity, litigation, estate tax issues, delays in selling real estate, and executor incompetence.

  1. Costs

Costs can add up quickly during the probate process and cause problems. Things such as legal fees and court costs can reduce the estate’s value, meaning what each beneficiary or heir is to receive is reduced.

Contact The Probate Guy

One of the things that can help with probate problems is working with a qualified probate attorney. An attorney understands the common issues you are likely to encounter and can help you avoid or address them.

If you are looking for a probate attorney to help you with your probate case, contact the skilled and dedicated California probate attorney, Robert L. Cohen – The Probate Guy – to schedule a telephonic consultation.

Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.

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I love being a probate attorney. I love helping people through a very difficult time in their lives with the probate process. My practice focuses solely on probate matters. My job is to complete the probate process as efficiently and painlessly for my clients as possible. I have found that paying the upfront costs of probate adds unneeded stress, so I will advance all of the fees and costs for the probate. No money is required to complete the probate. I will be reimbursed at the end of the case when you receive your inheritance. Call me NOW to discuss your case for free.

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